Law: Criminal Procedure Code (V of 1898)

Section: 176(2)

Criminal Procedure Code (V of 1898)--- ----S. 176(2)---Exhumation of dead body, application for---Application of the complainant for exhumation of dead body to obtain material for DNA test was dismissed---Petitioner sought exhumation of dead body, recovered by police, which after completing formalities was buried in graveyard---Photographs of dead body were not satisfactory for identification as water animal had taken away the flesh of said dead body---Identification of the deceased through DNA was essential which was not possible without exhumation of dead body as DNA sample was not preserved by the concerned doctor while conducting post-mortem---Application was declined by the Magistrate on the ground that he had no jurisdiction because graveyard, where body was buried, did not fall within his jurisdiction---Petitioner filed application before the Trial Court, but the same was declined on the ground of jurisdiction---Petitioner, thereafter approached Judicial Magistrate, who also declined the application on the ground that offence had not been committed within his jurisdiction---Validity---Record showed that unknown body was found---Complainant party rushed to the concerned police station and attempted for verification of the deceased---Police failed to refer the matter for DNA test though it was specifically informed to them by the petitioner/complainant party that one murder case was pending---Police, in circumstances, was under obligation to get it confirmed that unknown dead body was of the deceased (victim of murder) by initiating process even at its own but record showed otherwise---Magistrate, in whose jurisdiction dead body was recovered, as well the Magistrate, in whose jurisdiction body was buried, were competent to exercise such jurisdiction but prima facie they had failed to exercised the same---Judicial Magistrate, in whose jurisdiction body was buried was directed by the High Court to order exhumation of body under his supervision---District Health Officer was also directed to constitute Medical Board and exhume the dead body as well to make all arrangements for referral of DNA test---Constitutional petition was allowed accordingly. American…

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