SAJID ALI vs State Ss — 2022 PLD 55 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 55 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: SAJID ALI vs State Ss
Subject matter: Criminal
Provisions referred to: S. 176

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

SAJID ALI VS State Ss. 174, 176 & 561-a---Cause of death, inquiry into---Locus standi---Sanctity of grave---Concurrent findings of facts by two Courts below---Petitioner was aggrieved of concurrent orders passed by Magistrate and Lower appellate Court for exhumation/disinterment of dead body to determine cause of death---Plea raised by petitioner was that complainant had no locus standi to file such application and it would disgrace grave of the deceased---Validity---For passing order on application filed under S.176, Cr.P.C. nothing was necessary except that of satisfaction of Magistrate only to the extent that 'exhumation was necessary for knowing cause of death'---Such order was for the purpose to remove clouds of suspicion---Discretion needed to be exercised even if single reasonable circumstance/suspicion so justified---Determination of 'cause of death' would do nothing except setting criminal machinery into motion or otherwise---Such discretion should not be denied merely on account of request made by a stranger---Legal heirs were custodian of grave but when they themselves had come in sphere of suspicion, they would lose their such right---High Court declined to interfere in orders passed by two Courts below as disinterment of dead body of deceased was inevitable to determine cause of her death in order to inquire into allegations and suspicions levelled by complainant---Petition was dismissed, in circumstances.

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