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Initiation of the criminal suit restricted
35.
No criminal suit shall be initiated :(a) by the General Crimes Police, save upon permission
from the Prosecution Attorney :(i) in offences, wherein no arrest without warrant
shall be made;
(ii) in offences relating to a public servant;
(b) save upon permission of the competent body, where the
same is from the following offences :(i) in breach of the conduct of justce, save upon
permission of the court;
(ii) which are compoundable, save from the proprietor
of the right, or whoever deputizes therefor;
(iii) wherein any law provides for the requirement of
permission from such body , as the law may specify;
(c) against any person enjoying procedural, or substantive
immunity, save in accordance with the provisions of
such law, as may provide therefor.
Private relinquishment
36.(1) An injured, or interested party, or his guardian, where he is a
child, or suffering from mental infirmity, may relinquish his private
right in the criminal suit, by pardon, or concilation at any time
before passing a final judgement therein, without prejudice to the
public right.
(2) An injured party, or his guardian may relinquish the criminal suit,
in case of the offences entered on Schedule I, hereto; on
condition that the injury is confined to him.
(3) The Criminal Prosecution Bureau shall stand in the place of the
injured, or interested party whenever the same is inconsistent
with the interest of his guardian.
Lapse of the criminal suit
37.(1) The criminal suit shall lapse for any of the following reasons :(a) the issue of a decision ending the same, by the
Prosecution Attorney, or the court, by reason of the death
of the accused, or upon private relinquishment of the
criminal suit;
(b) passing a final judgement therein of acquittal, or
conviction;
(c) passing a grounded decision by the Prosecution
Attorneys Bureau refusing preference of charge, or
dismissal of the criminal suit;
(d) passing a grounded decision, by the Minister of Justice
staying the criminal suit;
(e) passing a decision by the Court dismissing the criminal
suit;
(f) passing a decision by the Head of State of general
amnesty, which includes the criminal suit.