JUDGMENT

Suriyadi Halim Omar J:

On 31 January 2003 I received an application from Messrs. M. Manoharan & Co. to revise the decision of the learned magistrate of Sepang Court meted down on 21 January 2003, on the premise that the latter had refused to decline from presiding over two charges (and one alternative charge) preferred against one Mr. P. Uthayakumar, an advocate and solicitor of the High Court of Malaya. Furthermore, that learned magistrate had also refused to exercise his powers pursuant to s. 173(g) of the Criminal Procedure Codeto discharge that advocate after having scrutinized those said charges. The charges were ss. 228and 506 of the Penal Code. The application before me was pursuant to s. 323 of the Criminal Procedure Code, and if necessary I was to advert to s. 327 of the same Code, if any consequential orders were to be made.

During the revision proceedings, the court was informed by the learned deputy public prosecutor that the s. 228 charge (and the alternative charge) would be dropped against Mr. Uthayakumar at a later date. The former conceded that come 29 May 2003 the Public Prosecutor's office would wind up that matter. Relying on that information I decided