Azahar Mohamed JCA (delivering judgment of the court):

[1]On 17 July 2012, Dato’ Seri Ahmad Zubair @ Ahmad Zubir bin Hj Murshid (‘the appellant’) was charged in the Sessions Court at Kuala Lumpur with two principal amended charges under s 409Penal Codes418

[2]Subsequently, before the commencement of the trial at the sessions court, the appellant took out a notice of motion dated 2 January 2013 at the Kuala Lumpur High Court seeking the following orders:

(a)the charges against the appellant under ss 409418PC

(b)the applicant to be acquitted and discharged from the charges;

(c)the proceeding of these two cases be suspended and/or stayed pending the disposal of this application; and

(d)any relief or direction or further order deemed fit and appropriate.

[3]On 15 March 2013 after hearing the notice of motion, the learned High Court judge dismissed it. Aggrieved by that decision, the appellant then appealed to this court. We heard his appeal, wherein at its conclusion we unanimously dismissed it. We now give our reasons for so deciding.

[4]There can be no doubt that the High Court has the inherent jurisdiction to set aside and quash a charge which is oppressive and an abuse of the process of th