MUHAMMAD WAHEED KHAN, J.---Through the instant constitutional petition in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has made the following prayer:- "It is, therefore, humbly prayed that the impugned judgments dated 24.09.20 19 and 09.03.2019 passed by learned respondents Nos.1 and 2 may kindly be set-aside being illegal, void, abinitio against law and facts and ineffective upon the rights of petitioner and the application for exhumation of petitioner may graciously be accepted, in the interest of justice.
It is further prayed that any other reme dy, which this Hon'ble court deems fit in the interest of justice may also be granted."
2. Precisely , the facts of the case are that Shazia Khanum sister of the petitioner was first wife of Faiz Mahmood Khan (deceased) and she died 5/6 years back being issueless. Thereafter , said Faiz Mahmood Khan solemnized marriage with one Mehwish Manzoor/respondent No.8 and this wedlock blessed them three sons and one daughter . On 30.04.2018 Faiz Mahmood Khan passed away leaving behind Mst. Mehwish Bibi/respondent No.8 (widow), three minor sons and one daughter as legal heirs. The petitioner first time on 29.05.2018 with the delay of about one month had filed an application for disinterment/exhumation of dead body of Faiz Mahmood Khan alleging therein that in fact the deceased was done to un-natural death, as respondents Nos.5 to 15 had administered him to poison. The learned Magistrate, seized with the matter , had recorded the statements of three PWs including the present petitioner wherein they had levelled bald allegation of administering the poison on the private respondents and no proof whatso ever regarding the unnatural death of the deceased Faiz Mahmood Khan had been produced.
3. On the other hand, one Nafees Akhtar the real sister of deceased Faiz Mahmood Khan while appearing in the witness box as DW-1 deposed that death of her deceased brother was the will of Allah Almighty and further stated that in fact the petitioner wanted to grab the land left by the deceased as he had prepared a bogus agreement to sell in the name of his brother-in-law i.e. Muhammad Asif who also appeared as PW-2 before the learned Magistrate. On the basis of said forged agreement to sell he had filed a suit for specific performance against the legal heirs of the deceased Faiz Mahmood Khan. One Muhammad Yaqoob son of Sardar Muhammad also appeared as DW-3 before the learned Magistrate in which he stated that he was the tenant of deceased Faiz Mahmood Khan, as he leased out his land to him 14/15' years back, after his death the present petitioner asked him to pay the rent of lease to him and on his refusal the petitioner threatened him of dire .consequences and thereafter committed a theft of Tube Well Fan and Pipes of the deceased and acco rdingly he was booked in a case FIR 160/18, registered under section 379, P.P.C. at Police Station, Saddar Sadiqabad; so on the conclusion of inquiry the learned Magistrate reached to the conclusion that no order can be passed under section 176(2), Cr.P.C. on the basis of mere bald allegations against the respondents and thereafter revision filed by the present petitioner titled Mahboob Ahmad Khan v. The State was also dismissed by the learned Additional Sessions Judge, Sadiqabad vide order dated 24.09.2019.
4. I have heard the learned counsel for the parties and gone through the available record and found that the learned Magistrate while holding the inquiry on the application filed by the present petitioner for disinterment of the corpus of Faiz Mahmood Khan had completed all the codal formalities by way of recording evidence of the parties and had dismissed the application filed by the petitioner through a well-reasoned and speaking order . The record shows that the petitioner has no locus stands to file the application for disinterment of the corpus as he has got no relation with the deceased as her sister had expired many years earlier and the deceased had contracted second marriage with respondent No.8 and she was blessed with three sons and one daughter . Sister of the deceased appeared before the Learned Magistrate as DW-1 wherein she had not only categorically refuted the allegations levelled by the petitioner in his application but also highlighted the mala fide on part of the complainant as he wanted to usurp the property left by her deceased brother . Even the two PWs appeared before the learned Magistrate had not taken part in ritual of the deceased and one Mumtaz Ahmad who performed the bath (Ghusal) on the dead body of the deceased appeared before the learned Additional Sessions Judge wherein he had also denied the allegation levelled by the petitioner .
5. Under the circumstances, I find that both the learned courts below have given the anxious consideration and conducted through probe in the matter and did not find that the deceased Faiz Mahmood Khan was done to unnatural death and for that matter the respondents had any culpability in it. Even otherwise, the petitioner remained failed to identify any irregularity and legal infirmity in both the impugned orders warranting interference by this Court in exercise of constitutional jurisdiction. Hence, the instant petition is hereby dismissed being devoid of any merits.