ANWAR HUSSAIN vs IXTH ADDITIONAL SESSIONS JUDGE, DISTRICT WEST Ss — 2022 YLRN 188 KARACHI-HIGH-COURT-SINDH

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ANWAR HUSSAIN VS IXTH ADDITIONAL SESSIONS JUDGE, DISTRICT WEST Ss. 176 & 561-a---Inquiry by Magistrate into cause of death---applicant/ complainant had challenged the order of exhumation of dead body of his daughter---Perusal of subsection (2) of S.176, Cr.P.C., clearly envisaged that it was within judicial discretion and domain of the concerned Magistrate to make an examination of the dead body of any person who had already been interred, in order to discover the cause of his/her death---Serious allegations existed about unnatural death of deceased and the real cause of death could only be ascertained by exhuming the body of deceased--- application for disinterment and exhumation of body of deceased could be moved even on simple ground of suspicion and it was up to the judicial conscious of the Magistrate, who, after due satisfaction, might cause the body to disinter and examine---alleged occurrence took place on 15.9.2019 and the FIR was lodged on 19.9.2019 and the application for exhumation had been filed by the Investigation Officer of the case after burial of the deceased---No time limit was fixed for disinterment of body---Subsection (2) of S.176, Cr.P.C., did not put any clog of locus standi to approach a Magistrate for exhumation of dead body; it could be carried out by the Magistrate on his own---No specific period of limitation was provided under the law for the said purpose---Exhumation of death body could be ordered even on the request or information of even a stranger for the purpose to know the actual cause of death, so that criminal machinery be set into motion---In the present case, when FIR had been lodged by applicant himself, investigation could not be carried out at the wish and whim of either complainant or prosecution---High Court could not interfere with the smooth process of investigation---Courts below had dealt with the aspect of the matter quite comprehensively in the light of all relevant laws dealing with the matter--- applicant was unable to demonstrate that the impugned orders by any means suffered from any illegality or miscomprehension or non-appreciation of evidence by way of documents available on record---No good ground to interfere in the impugned orders, which were maintained---Resultantly, criminal miscellaneous application was dismissed along with listed applications.

ANWAR HUSSAIN vs IXTH ADDITIONAL SESSIONS JUDGE, DISTRICT WEST Ss — 2022 YLRN 188 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported