Law: Code of Criminal Procedure, 1898

Section: 174 ,176

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 174 & 176--Exhumation of body (corpus)--Section 174 Cr.P.C seeking exhumation of body (corpus) of her husband for purpose of conducting a post-mortem examination--At time of death, no medical assistance was sought, nor was deceased examined by any qualified medical practitioner prior to burial--Where cause of death remained uncertain and no medical confirmation existed, law mandated an independent inquiry to uncover truth--Section 176 Cr.P.C empowered Magistrate to order such inquiry, including exhumation and postmortem examination, in cases involving suspicious or unnatural deaths--Exhumation and postmortem examination were essential investigative tools and should not be denied when reasonable suspicion existed regarding cause of death--Exercise was purely investigative in nature and shall not be construed as a determination of culpability against any person--Petition is allowed.       [Pp. 678 & 679] A, B, C, D, E 2006 SCMR 1468; 2010 PCr.LJ 4 Lahore; 1987 SCMR 272 ref. Syed Imran Abbas, Advocate for Petitioner. Mr. Arshad Pervez Qureshi, AAG for State. Mr. Mudassar Altaf Qureshi, Advocate for Respondents. Date of hearing: 14.1.2026. Order This constitutional petition is directed against order dated 3.5.2025 passed by the learned Addl. Sessions Judge, Sahiwal. 2.       The brief facts giving rise to the instant writ petition are that the petitioner filed an application under Section 174, Cr.P.C. seeking the exhumation of the body (corpus) of her husband. Ahmad Ali, for the purpose of conducting a post-mortem examination. Upon obtaining reports from the police hierarchy, the learned Special Judicial Magistrate, Sahiwal, vide order dated 26.02.2025. allowed the application and directed exhumation and post-mortem examination of the deceased. 3.       Subsequently, vide order dated 05.04.2025, the learned Special Judicial Magistrate directed the police and other concerned functionaries to carry out the exhumation of the deceased, Ahmad Ali, in accordance with the corrected graveyard address.…