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PIR BUX vs State S — 2022 PCrLJ 1420 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJ 1420 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PCRLJ
Parties
PIR BUX vs State S
Subject matter
Criminal
Provisions referred to
S. 176---; S. 156; S. 190; S. 540

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PIR BUX VS State S. 176---application for disinterment/exhumation of dead body---Mala fides of applicant---Effect---applicant/complainant moved application before the Trial Court for disinterment of dead body of her deceased-wife alleging that she had been murdered by applicants/ accused by firing--- Said application was allowed--- Validity---Undeniably, post-mortem of the deceased lady was not conducted and nothing was available on record to decide that whether she expired unnaturally as asserted by the prosecution or naturally as asserted by the defence side---No doubt, the exhumation of dead body could be ordered on the request of or on the information of even a stranger for the purpose to know the actual cause of death so that criminal machinery be set in motion---For the said purpose time limitation was also not a ground to deny such course---Trial Court, passed the order for exhumation of dead body only for the purpose to know the actual cause of death of the deceased and the same required investigation for which the Trial Court was not competent to direct for investigation, however, the same could be done by exercising the powers under S. 156, Cr.P.C., or under S. 190. Cr.P.C., only by the Magistrate concerned or by the police---In the present case, the Trial Court on application filed by DDPP for the State under S. 540, Cr.P.C. had already called Medical Officer who as per complainant issued death certificate of the deceased but the evidence of said Medical Officer had yet not been recorded and the said powers under S. 540, Cr.P.C., had rightly been exercised by the Trial Court---Order passed by the Trial Court being without jurisdiction was set aside, in circumstances.

Other judgments reported in 2022 PCRLJ

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