Law: Criminal Procedure Code (V of 1898)

Section: 561A,156(3),174,176

Criminal Procedure Code (V of 1898)-------Ss. 561-A, 156(3), 174 & 176---Order for exhumation of dead body--Quashing of order, petition for---Petitioner, who was charged for administering poison to the sister of respondent, had sought quashing of order passed by the Judicial Magistrate, confirmed by the revisional Court ordering exhumation of dead body of the deceased for post-mortem examination---Held, that record showed that respondent/brother of the deceased had raised serious suspicion qua alleged unnatural death of her sister---Said respondent had a right to get his suspicion removed qua administering poison to her sister by the petitioner---In order to uncover the fact as to whether one met natural or unnatural death particularly where a doubt had been created in the mind of real brother of the deceased, it was rather more sacred and necessary for the sake of justice justifying disinterment of the dead body---Mere fact that dead body had already been buried and its exhumation might cause disrespect to the dead body, in no way can be counted as a good and valid ground to deny the request of disinterment particularly where disinterment was necessary to advance the cause of justice---In the instant case respondent who was real brother of deceased was justified in making application for exhumation of his sister so as to know the cause of her death---Both the Courts below had rightly proceeded in the matter and accepted the petition filed by respondent---Petition was dismissed in limine, being devoid of any force.Ameer Afzal Baig v. Ahsan Ullah Baig and others 2006 SCMR 1468 rel.ORDERSHAKIL AHMAD, J.---Muhammad Zareen (petitioner herein) has filed instant application under section 561-A of Cr.P.C to impugn order dated 27.05.2024 and judgment dated 27.09.2024 passed by learned Senior Civil Judge (Criminal Division), Jhelum and learned Additional District Judge, Jhelum respectively, whereby application for exhumation of dead body of Mst. Maryam Zareen filed by Adil Hussain (respondent No.4 herein) was accepted and revision petition filed by the petitioner against the said order was dismissed.2.    Heard learned counsel for the petitioner…