Law: Criminal Procedure Code (V of 1898)

Section: 174,174(1)(a)(b)(c),176

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 174 & 176---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Disinterment of dead body---Application of the respondent complainant seeking disinterment of her deceased brother had been dismissed by Magistrate, but in revision Sessions Court had allowed the same wide impugned order---Complainant being the real sister of the deceased had all the genuine cause to dispel the suspicion of unnatural death of her deceased brother---Sessions Court on the application of the son of the complainant had directed the S.H.O. concerned to investigate the matter for drawing up report of the cause of death of the deceased either under section 174, Cr.P.C. or the other relevant provisions of law, but the S.H.O. did not hold any such investigation for ascertaining the cause of death of the deceased---Perusal of the application of the complainant had certainly given arise to the circumstances falling within the ambit of clause (c) of section 174(1), Cr.P.C.---High Court in exercise of its constitutional jurisdiction being on equitable reliefcould validly look into the matter even for the ends of justice---Magistrate had only seen the statements of the accused, but he had ignored the effect of circumstantial evidence of the witnesses produced by the complainant---Disinterment of the dead body of the deceased was inevitable to determine the cause of his death or at least to inquire into the allegations and suspicions of the complainant---Constitutional petition was dismissed in limine in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 176 & 174---Inquiry into cause of death---Intent and scope of S.176, Cr.P.C.-Scope and intent of section 176, Cr.P.C. is to discover the actual cause of death of a deceased person---Subsection (1) of S.176, Cr.P.C. provides for conducting an inquiry into the cause of death either instead of or in addition to the investigation held by the police, if the case is covered by subsection (1) of S.174, Cr.P.C.---Even the registration of an F.I. R. is not an impediment for holding an inquiry into the cause of death of deceased person under S.176, Cr. P. C. THIS…

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