Law: Criminal Procedure Code (V of 1898)

Section: 176

Criminal Procedure Code (V of 1898)--- ----S. 176---Inquiry by Magistrate into cause of death---Power to disinter corpses--- Scope--- Petitioner filed application for disinterment/exhumation of dead body of deceased alleging therein that in fact the deceased was done to un-natural death, as ten persons had poisoned hims application was concurrently dismissed---Held; petitioner had no locus standi to file the application as he had no relation with the deceased---Sister of deceased had appeared before the Magistrate wherein she had not only refuted the allegations levelled by the petitioner but had also highlighted mala fide on the part of petitioner---One who had performed the ghusal on the dead body of deceased had appeared before the Sessions Judge wherein he had also denied the allegation levelled by the petitioner---Constitutional petition was dismissed. ORDER MUHAMMAD WAHEED KHAN, J.--- Through the instant constitutional petition in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has made the following prayer:- It is, therefore, humbly prayed that the impugned judgments dated 24.09.2019 and 09.03.2019 passed by learned respondents Nos.1 and 2 may kindly be set-aside being illegal, void, ab-initio against law and facts and ineffective upon the rights of petitioner and the application for exhumation of petitioner may graciously be accepted, in the interest of justice. It is further prayed that any other remedy, which this Honble court deems fit in the interest of justice may also be granted. 2. Precisely, the facts of the case are that Shazia Khanum sister of the petitioner was first wife of Faiz Mahmood Khan (deceased) and she died 5/6 years back being issueless. Thereafter, said Faiz Mahmood Khan solemnized marriage with one Mehwish Manzoor/respondent No.8 and this wedlock blessed them three sons and one daughter. On 30.04.2018 Faiz Mahmood Khan passed away leaving behind Mst. Mehwish Bibi/respondent No.8 (widow), three minor sons and one daughter as legal heirs. The petitioner first time on 29.05.2018 with the delay of about one month had filed an application for disinterment/exhumation of dead body of Faiz…

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