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2014 P Cr. L J 1030

MUHAMMAD AKRAM vs ADDITIONAL SESSIONS JUDGE, DEPALPUR and 3 others

Citation2014 P Cr. L J 1030
CourtLahore High Court
Case No.Writ Petition No,25136 of 2012
Date2013-06-28
Judge(s)Mazhar Iqbal Sidhu
ResultPetition allowed

ORDER

' MAZHAR IQBAL SIDHU, J.---Muhammad Akram has assailed the order of learned Additional Sessions Judge, Depalpur, dated 4-10-2012 whereby revision petition filed by the petitioner was dismissed against the order delivered by learned Magistrate on 28-9-2012.

2. Sententiously, facts compelling the institution of this writ petition are that Mst. Allah Maafi wife of Muhammad Amin died allegedly in suspicious circumstances; she was spiritualed and after sometime, Nasir Ali respondent made an application for her exhumation to post mortem examination to ascertain about the cause of death. The application, was allowed. Then the same order was called in question through the revision petition, the same was also dismissed; hence the instant application.

3. Arguments have been heard. Record has also been perused with legal eyes.

4. Muhammad Amin, the crest fallen husband of the deceased is also present before the Court and states that he does not want to get exhumation of the dead body of the deceased and he being the sole owner of the deceased, as being father of a kid from her, does not want to humiliate and disrespect the dead body of the deceased. It has also been A observed that the respondents who have been making efforts for the exhumation of the dead body are, in fact, intending to blackmail Muhammad Amin and others. Of course, legal heirs of the deceased are the trustees of her grave to keep it maintained, not only the grave but respect and dignity of the dead body.

5. For what has been discussed above, the instant writ petition is allowed and the orders passed by the learned Magistrate as well as Additional Sessions Judge are hereby recalled,

Cited by 6 cases

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