Mst. Humaira Qadeer vs Mohammad Abdul Ghaffar Ss — 2026 YLR 1361 KARACHI-HIGH-COURT-SINDH

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Mst. Humaira Qadeer VS Mohammad Abdul Ghaffar Ss. 22-a & 561-a---Powers of Justice of Peace under S. 22-a, Cr.P.C.---Scope---Petition filed under S. 22-a, Cr.P.C, by the respondent for the lodgment of the FIR against the applicant was allowed by the Ex-Officio Justice of Peace---Validity---Record showed that the present case had arisen out of a family dispute wherein the sister-in-law (widow of the deceased brother) was the applicant whereas respondent No.1 was the elder brother of the deceased---Moreover, it had been alleged that there were some business dealings between the two brothers and they were doing different businesses which were allegedly profitable in nature and it was alleged once the businesses were transferred to the applicant, she had allegedly, became greedy and killed her husband---Whereas the record stated contrary to the allegations levelled against the present applicant---Deceased person was infact suffering from a deadly disease aIDs and had gone into renal failure before passing away---Hence question of unnatural death could easily be ruled out---There was an inordinate delay of 09 months in lodgment of an application for exhumation of the body of the deceased and lodgment of FIR---Moreover, it seemed it was an after thought to the proceedings and was done so after much consultation and deliberations, thus it could categorically be concluded that the application was filed to frame the widow of the deceased, who had submitted in the grounds of the present application that she suffered a great deal financially during the last days of her deceased husband due to his expensive treatment---Even after death of deceased, no one was available to support her family---In such circumstances it could not be held that due to her husband's death applicant became strong financially as that was being alleged by the respondent No.1 while implicating the present applicant in his application for exhumation of body---Inordinate delay of 09 months in filing the application of exhumation of body had gone unexplained during the proceedings---Impugned order being patently illegal and without jurisdiction, was set aside in circumstances.

Mst. Humaira Qadeer vs Mohammad Abdul Ghaffar Ss — 2026 YLR 1361 KARACHI-HIGH-COURT-SINDH

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