Muhammad Iqbal Mahar, J. Through instant constitution petition, the petitioners have challenged the order dated 12.09.2017 passed by learned IV-Additional Sessions Judge Mirpur Mathelo in Crl. Rev. No. 01/2017 whereby he set aside the order dated 07.02.2017 passed by learned II-Civil Judge and Judicial Magistrate Mirpur Mathelo on application of Respondent No.4/complainant filed u/s 176-2 Cr.P.C.
2. The relevant facts are that Respondent No. 4/complainant lodged an FIR No. 161/2016 at PS, Mirpur Mathelo for the murder of deceased Altaf Hussain against the wife of deceased Altaf Hussain and others. Respondent N.4/complainant filed an application u/s 176(2) Cr.P.C before learned IInd Civil Judge and Judicial Magistrate Mirpur , to disinterment the dead body of deceased Altaf Hussain which was dismissed, hence she filed revision application before the Court of learned IV-Additional Sessions Judge Mirpur Mathe lo which was allowed and order of learned Magistrate was set aside, hence instant petition.
3. It is inter alia contended by learned counsel for the petitioner that the impugned order passed by learned IV- Additional. Sessions Judge is against the law; that learned Judge while passing the impugned order has greatly erred; that the allegations leveled against the petitioner are false and fabricated; that in fact the deceased was regular patient of Patel Hospital Karachi and had died in the same Hospital; that the death certificate issued by Hospital administration reveals the cause of death, hence there is no necessity of disinterment of the grave of the deceased Altaf Hussain after two years of his death, therefore he prayed for setting aside the impugned order .
4. On the other hand, learned counsel for Respondent No.4/complainant suppor ted the impugned order on the ground that deceased Altaf Hussain died due to poison administered by the petitioner; therefore without exhumation and post mortem the cause of death cannot be ascertained.
5. Learned Addl.P .G did not support the impugned order and submitted that order passed by learned Magistrate is legal and lawful. He further submitted that the case crime No. 161/2016 has already been disposed of under 'C' class hence no purpose would be served if instant petition is dismissed.
6. Respondent No. 5, the sister of Respondent No.4/complainant and deceased Altaf Hussain submitted that the deceased died in Patel Hospital Karachi due to respiratory failure but her sister , the Respondent No. 4, lodged false FIR in order to drag the children of deceased in the case.
7. Heard learned counsel for the parties and perused the record. It is observed that the complainant/Respondent No.4 is resident of Mirpur Mathelo whereas the alleged incident has taken place at Karachi. The Respondent No.4/complainant has leveled allegations against the widow and children of deceased that they did not provide proper treatment to deceased and administered poison but there is no eye witness account of the incident. The material placed on record by the petitioner reflects that the deceased Altaf Hussain was a cardio patient and was regularly getting treatment from Patel Hospital Karachi. As per death certificate issued by Patel Hospital, the deceased died on 11.06.2016 at 3.00 pm and cause of death given in the death certificate is Respiratory Failure.
There is no ambiguity in the cause of death of deceased Altaf Hussain, therefore disinterment of his dead