Azmi Ariffin JCA:

INTRODUCTION

[1]On 23 November 2021, the appellants were charged in the criminal magistrates’ court in Klang for an offence under s 109 read together with s 302 of the Penal Code

[2]Subsequent thereto, mention dates were held on 15 April 2022, 20 May 2022, 30 June 2022, 1 September 2022 and 12 October 2022 pending the production of the forensic report and public prosecutor’s consent to prosecute. The learned counsel for the appellants objected to the request for a further postponement.

[3]The learned magistrate agreed and proceeded to transmit the appellants’ cases to the High Court. The public prosecutor then filed a revision application against that decision.

[4]On 8 December 2022, the learned judicial commissioner allowed the respondent’s/deputy public prosecutor’s application, set aside the order of the learned magistrate and transferred the appellants’ cases back to the magistrates’ court.

[5]Dissatisfied, the appellants filed a notice of motion for leave to appeal to this honourable court based on three questions of law which was subsequently allowed on 3 March 2023.

[6]On 12 April 2023, the appellants filed petition of appeal.

[7]The hearing date for the appellants