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time during inquiry, the record to be placed before him, and issue
any directions with respect thereto.
Preference of charge
56.(1) The Prosecution Attorney, after initiation of the criminal suit, and
hearing of the suspect, where possible, and immediately after the
availability of such preliminary evidence, as may be sufficient to
be a basis for prosecution, as to appearances, shall decide to
prefer to charge the person concerned of the offence, and record
the same on the record of inquiry, and inform the accused
personally, where he is present, of the charge, and of his right to
appeal, against the decision.
(2)Where the decision of preference of charge is appealed, the
inquiror shall cease the inquiry procedure, save such as the
delay of which may result in a serious prejudice to the
administration of justice. Where the decision is confirmed, the
inquiry shall be resumed, and where the decision is quashed, the
same shall be deemed to be dismissal of the criminal suit.
Dismissal of charge
57.
The Prosecution Attorney, at any time, after prefernce of charge,
may where it transpires that there are no sufficient grounds for
continuation of the criminal suit, decide to dismiss the same, and
record a grounded decision thereof, and issue an order to
release any accused, and dispose of any attached property, in
accordance with the provisions of the law; provided that he shall
submit his decision to the superior Prosecution Attorney.
Branch VI
The Criminal Prosecution Bureau Power of
Staying the Criminal Suit and Tender of Pardon
Stay of criminal suit
58.(1) The Minister of Justice, at any time, after completion of inquiry,
and before passing the preliminary judgement, in the criminal
suit, may take a grounded decision, in his own hand, to stay the
criminal suit , against any accused; and his decision shall be final,
and shall not be contested. The court shall thereupon stay the
proceedings, and pass the orders necessary for terminating the
criminal suit.
(2)No decision shall be issued, in accordance with sub-section (1),
in the criminal suits, relating to hudud and retribution offences,
or the offences, in which the criminal suit may be compounded.
(3)The Minister of Justice, or whoever may represent him, may
require perusal of the record of trial, to consider exercise
thereby, of his power to stay the criminal suit, and the court shall
thereupon stay proceeding with the trial, pending the issue of the
decision of the Minister of Justice .
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