Law:

Section:

Criminal Procedure Code (V of 1898)--S. 176(2)---Constitution of Pakistan (1973), Art. 185(3)---Disinterment of dead body---Leave to appeal was granted by Supreme Court to consider whether High Court was right in restoring the order of the Magistrate who had allowed disinterment of the dead body when earlier post-mortem had been conducted in due course and thereafter Sessions Court had taken cognizance of the case. ORDER IRSHAD HASAN KHAN, J.---Leave to appeal is sought against the order dated 6-10-1997, passed by the High Court of Sindh, Sukkur Bench, in Criminal Revisions Nos.49 of 1997 (Sukkur) and 66 of 1997 (Karachi). 2. The question involved in these proceedings is whether the Magistrate 1st Class while exercising his powers under section 176(2), Cr.P.C. is empowered to order disinternment of a dead body when earlier post-mortem had been conducted in due course, after which the learned Additional Sessions Judge had, in the course taken…

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