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Court allows criminal appeals to be struck off docket

A three-judge bench has ruled that dormant criminal appeals can be removed from the court's docket when an accused person cannot be located or served with documents. The decision provides a mechanism to clear stalled cases while preserving the right to reinstate appeals.

LSN Malaysia · 29 August 2026

Court allows criminal appeals to be struck off docket

A three-member appellate bench has determined that criminal appeals may be struck from the docket when an accused cannot be traced or properly served, addressing the problem of cases languishing in the judicial system due to the inability to contact defendants.

The ruling establishes a procedural framework allowing courts to remove dormant appeals from active registers when efforts to locate or notify the accused prove unsuccessful. This decision aims to help courts manage their caseload more efficiently by clearing cases that have stalled due to procedural impediments.

Significantly, the judgment preserves the rights of accused persons by allowing appeals to be reinstated should the defendant subsequently be located or voluntarily appear before the court. This safeguard ensures that the removal of an appeal from the docket does not permanently extinguish an accused's legal remedies.

The ruling addresses a longstanding administrative challenge in the criminal justice system, where numerous appeals have remained pending for extended periods due to the difficulty in serving notices on defendants who cannot be found. Legal observers note the decision strikes a balance between improving court efficiency and protecting the procedural rights of accused persons who may later become available to pursue their appeals.