Law:

Section:

Such order was always meant to remove clouds therefore, discretion was to be exercised as such even if a single reasonable circumstance/suspicion so justified because ‘cause of death’ would do nothing but was to determine whether to set criminal machinery into motion or otherwise---Exercise of exhumation could not be denied merely on account of request made by any stranger, if otherwise circumstances so justified---For bringing law into motion, requirement of move by blood relation was never insisted upon---High Court declined to interfere in concurrent orders passed by two Courts below as there was no illegality or infirmity therein---Petition was dismissed, in circumstances. Muhammad Akram v. Additional Sessions Judge, Depalpur and 3 others 2014 PCr.LJ 1030; Yar Muhammad v. The State 2017 PCr.LJ 694; Ghulam Mustafa v. The State and 5 others 2015 YLR 2230; Haji Abdul Hameed v. Raza Muhammad and another PLD 2014 Bal. 50; Begum Mai v. Additional Sessions Judge and others PLD 2020 Lah. 394; Mansab Ali v. Asghar Ali Faheem Bhatti, Additional Sessions Judge, Nankana Sahib and 3 others PLD 2007 Lah. 176; Muhammad Saleem v. State 2014 PCr.LJ 219 and Ghazala Begum v. District Magistrate 1996 PCr.LJ 389 ref. ORDER ZULFIQAR ALI SANGI, JUSTICE:---.--- Through instant Criminal Miscellaneous Application, filed under section 561-A, Cr.P.C, the applicants have called in question the orders dated 10-10-2020, passed by Ist: Judicial Magistrate, Jacobabad on Cr. Misc. Application No.73/2020, moved by respondent No.1 for exhumation/disinterment of deceased Faisal Ramzan Mugheri and order dated 16.10.2020, passed by Additional Sessions Judge-I, Jacobabad in Criminal Revision Application No.10/2020, “re: Mst. Iqra Faisal and others v. Zubair Khan and another”, moved by the applicants, whereby both the learned courts were pleased to direct D.G Health Services, Hyderabad for constitution of Medical Board for the postmortem of deceased Faisal Ramzan Mugheri (after disinterment) and submit such report before the concerned court of Magistrate within 15 days. The applicants pray that record and proceedings of both the courts below be called and after scrutinizing the legality, propriety…

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