Abdul Wahab Patail J:

The Background

The applicant Rajendran a/l M Gurusamy had written through his solicitors for revision on a question of law as to the validity of a prosecution made against him in the magistrate's court. He had been charged with an offence under s. 119(2) of the Road Transport Act 1987(the Act) read with s. 128(1)of the said Act. He had not been wearing a seat-belt. Now s. 116 of the Actprovides:

Proceedings for an offence under this Act shall not be instituted or conducted except by or on behalf of the Public Prosecutor or by a Police Officer or Traffic Warden, Dato Bandar or a Road transport Officer, or as respects prosecution for an offence against any order or rules made by an appropriate authority under Part III, by an officer of that appropriate authority.

The applicants' solicitors had objected before the magistrate, that the police were not authorised by the public prosecutor to institute the proceedings. The magistrate had ruled that the police could proceed with the proceedings, and ordered for trial to proceed.

Revision

The powers of the High Court in respect of revision is contained in chapter XXXI of the Criminal Procedure Code (the Code).