A Minya prosecutor who had ordered that a man receives 80 lashes for being caught intoxicated is now being questioned by judicial inspectors.
Prosecutor Hussein Anan ordered on Sunday that Mohamed Ragab be lashed for the consumption of alcohol and possession of narcotic substance.
The verdict was based on Quranic verses, not Egypt's Penal Code of law.
A Deputy Public Prosecutor had annulled the order, informing the country's chief prosecutor who in effect referred Anan to questioning and ordered that the defendant be released.
Another prosecutor explained that while Anan had the authority to put the defendant under custody, it was a "crime" to order the police to commit a breach of the law and beat the citizen.
Rising concerns over a stricter application of Islamic Sharia (law) have bottled under the rule of Islamist President Mohamed Mursi who was once a senior member of the influential Muslim Brotherhood.