In a criminal case, no police officer of lower in rank than that of assistant police inspector is allowed to conduct prosecution in a magistrate court, either partially or fully. If he so does, then this will render the entire proceedings a nullity, a consequence of which if one had been convicted on this basis and he appeals, then appeal shall be allowed. However the appellate court may order retrial of the case afresh if the prosecution requests so and upon looking at the circumstances of the case, the judge thinks that the case merits re trial [continues 659 words]