Victory at Magistrates Court 5 (Criminal Division)

Another victory at Magistrates Court 5 (Criminal Division) Kuala Lumpur. On 8 September 2020 our client was charged under section 427 of the Penal Code and was released on bail pending trial since he pleaded not guilty. After several case managements and mentions ,the Court fixed 10 and 11 January,2022 for full trial in the matter. On 10 January,2022 learned DPP Puan Amalina informed the court that the complainant is unable to attend today, the 10th January as fixed but would be able to attend court the next day I.e., 11 January as the complainant is now in Johor Bahru and therefore learned DPP wanted an adjournment of the matter to the next day. M. Manoharan became furious and objected to the adjournment on the ground that:-

1. The complainant is absent and seemed to be not interested in the proceedings;
2. The complainant has wasted the courts time and costs for the day;
3. The complainant cannot dictate to court when she wants to attend.

Learned Magistrate Puan Aina Azahra binti Tun Ariffin agreed with me and ordered a discharge of charge against our client and set him free. Also,she ordered the bail to be returned forthwith.