Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 176(2)

Constitution of Pakistan, 1973-- ----Art. 199--Criminal Procedure Code, 1898, S. 176(2)--Constitutional Petition--Registration of FIR for murder of deceased against his wife--Allegation of poison--Cause of death--Application to disinterment dead body of deceased--Dismissed--Revision Petition--Allowed--Challenge to--Respondent No.4/complainant has leveled allegations against widow and children of deceased that they did not provide proper treatment to deceased and administered poison but there is no eye witness account of incident--Material placed on record by petitioner reflects that deceased Altaf Hussain was a cardio patient and was regularly getting treatment from Patel Hospital Karachi--As per death certificate issued by Patel Hospital, deceased died on 11.06.2016 at 3.00 pm and cause of death given in death certificate is Respiratory Failure--There is no ambiguity in cause of death of deceased Altaf Hussain, therefore disinterment of his dead body after two years would not serve any purpose--Heirs of deceased Altaf Hussain and Respondent No.5, sister of deceased and Respondent No.4/complainant, has also opposed disinterment of body--Furthermore, investigating officer, during his investigation, also came to conclusion that no such incident has taken place, hence he disposed of case under 'C class and submitted such report before learned Magistrate which has been approved--We are of considered view that impugned order passed by learned IV-Additional Sessions Judge Mirpur Mathelo is not sustainable under law as there is no justification to disinterment dead body--Petition was allowed. THIS ORDER PASSED BY: MUHAMMAD IQBAL MAHAR, J.- Through instant constitution petition, the petitioners have challenged the order dated 12.09.2017 passed by learned IV-Additional Sessions Judge Mirpur Mathelo in Crl. Rev. No. 01/2017 whereby he set aside the order dated 07.02.2017 passed by learned II-Civil Judge and Judicial Magistrate Mirpur Mathelo on application of Respondent No.4/complainant filed u/s 176-2 Cr.P.C. 2. The relevant facts are that Respondent No. 4/complainant lodged an FIR No. 161/2016 at PS, Mirpur Mathelo for the murder of deceased Altaf Hussain against the…

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