1. Through the instant petition, petitioner has assailed the orders dated 28.07.2015 passed by learned Additional Sessions Judo, his chishtian and the order dated 25.07.2015 passed by learned Magistrate Section 30, Chishtian, by way of which, exhumation proceedings pertaining to the deceased Mst. Nasreen Akhtar, wife c Muhammad Ashraf was allowed on an application made by Responden No, 3.
2. 2.It is contended that the deceased committed suicide and on occurrence as mentioned by Respondent No, 3 in his application ha ever took place; that all the family members of the deceased swore their affidavits that she has committed suicide; that to allow the exhumation proceedings would amount to disgrace the dead body which is not warranted by the law.
3. 3.Conversely, the arguments advanced by learned counsel for the petitioner have vehemently been opposed by learned counsels appearing on behalf of Respondent No, 3 while maintaining that single suspicion about the cause of death would be sufficient to dig out the truth and to ascertain the real cause of death; that both the learned lower Courts below applied their judicious mind and acted ii accordance with law, 4.I have heard learned counsel for the parties and perused the record.
4. 5.One fact has candidly been admitted by learned counts appearing on behalf of the petitioner that deceased Mst. Nasree Akhtar committed suicide, meaning thereby the deceased did not ME with a natural death. It would be appropriate to discuss the provision of law relating to the matter in question which is laid down in Section 176, Cr.P.C. and the same is re-produced as follows:-- "176. Inquiry by Magistrate into cause of death.-- ( When any person dies when in the custody of the police, t nearest Magistrate empowered to hold inquests shall, and, any other case mentioned in Section 174, clauses (a), (b) (c) of sub-section (1), any Magistrate so empowered may h an inquiry into the cause of death either instead, of, or addition to, the investigation held by the Police- officer, and he does so, he shall have all the powers in conducting it which he would have in holding an Inquiry into an offence. T Magistrate holding such an inquiry shall record the evade taken by him in connection therewith in any of the mann hereinafter prescribed according to the circumstances of case.
(2) Power to disinter corpses.--Whenever such Magistrate considers it expedient to make an examination of the d body of any person who has been already interred, in order discover the cause of his death, the Magistrate may cause the body to be disinterred and examined."
5. 6.It has been observed in the instant matter that Respondent No, 3 moved an application for disinterment of dead body of Mst. Nasreen Akhtar, his real daughter and he has every right to know the cause of death, especially in case when petitioner has himself admitted that she has committed suicide. It is well settled by now that such kind of application i,e, for the dis interment, can be moved even on simple ground of suspicion in order to ascertain the cause of death and to dig out the truth.
6. 7.Even otherwise, learned counsel for the petitioner remained unable to point out any illegality or jurisdictional error in the impugned orders passed by both the learned lower Courts below.
7. ' Reliance is placed on case of "Muhammad Ramzan and others vs. The State and others". (1987 SCM R 272).
8. 8.For the reasons recorded above, I do not find any illegality or infirmity in the impugned orders passed by the learned lower Courts below. This petition being devoid of any force is, therefore dismissed.