SHAIKH ABDUR RAZZAQ, J.- One Abdul Hameed son of Mst. Umtul Jamil alias Fakhra wife of Mukhtar Ali died his natural death on 25.3.1995. On 31.3.1995 a few persons moved an application with the Commissioner, Faisalabad Division, Faisalabad for carrying out inquiry regarding the cause of death of Abdul Hameed. The said application was referred to Deputy Commissioner, Faisalabad who forwarded the same to the Assistant Commissioner, Sumundri for. Necessary action. The A.C., Samundri deputed Illaqa Magistrate, Sumundri to hold an inquiry. Resultantly inquiry was conducted by Illaqa Magistrate who found the allegations baseless and submitted his report to the Assistant Commissioner on 24.8.1995. The report was not approved by the A.C. And he returned it with the direction to make inquiry as to how many wives the deceased had and also record the statement of his mother. Accordingly the Illaqa Magistrate recorded the statement of Mst. Umtul Jamil, mother of the deceased and submitted his report on 7.9.1995 which was forwarded by the A.C. To the D.C. On 3.10.1995 who filed the said report vide order dated 5.10.1995.
2. Now Abdul Majeed respondent No. 4 has again moved an application with the Deputy Commissioner, Faisalabad for holding fresh inquiry regarding the cause of death of Abdul Hameed Pasha and vide order dated 8.12.1997, Illaqa Magistrate has been directed to hold an inquiry.
3. Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the order dated 8.12.1997 for holding fresh inquiry, has been sought to be declared as illegal, unlawful and without lawful authority and having no legal effect and for restraining respondents No. 1 to 3 for proceeding further in the matter.
4. Arguments have been heard and record perused.
5. It is submitted by the learned counsel for the petitioner that since a detailed inquiry has finally been approved by the Deputy Commissioner, so the second inquiry regarding the same fact is not warranted by law. In support of his contention he has relied upon Khuda Bux v. 'The Province of West Pakistan and A. Haq, Sub-Divisional Magistrate, Lelah (PLD 1957 (W.P) Lahore 662) and Mst.
Nargis v. The District Magistrate Gujrat etc. (1985 Law Notes (Lahore) 1010). He has also submitted that if the present petitioner was aggrieved of the said inquiry report, he could file a revision petition but he has not adopted the said procedure and has again initiated the proceedings for ulterior motives.
6. Conversely the contention of the learned counsel for respondent No. 4 is that from the report dated 24.8.1995 it is not evident as to who got that inquiry initiated that the statement of present applicant/respondent No. 4 was not recorded in the first instance that the death of Abdul Hameed is the result of collusion between Umtul Jamil and Mst. Nasim Intizar mother and sister of the deceased respectively that there is no bar for reopening the enquiry to find out the real facts regarding the cause of death of deceased Abdul Hameed, as such instant petition is devoid of any force.
7. The factum of death of Abdul Hameed is not denied by either of the parties. The stand for respondent No. 4 Abdul Majeed is that deceased did not die his natural death, but was murdered as a result of collusion between his mother and sister. A detailed enquiry into these allegations was conducted by Illaqa Magistrate who submitted his report on 24.8.1995. The said report did not find favour with A.C., Sumandari and he returned the same with a direction that statement of mother of deceased be also recorded. Accordingly her statement was also recorded and she deposed that her son had died his natural death. Thereafter report was again submitted on 7.9.1995 which was finally accepted by D.C. Vide order dated 5.10.1995. The record shows that Abdul Majeed respondent No. 4 had admitted ? Before the inquiry Magistrate that Abdul Hameed deceased had died his natural death. Even if it is assumed that respondent No. 4 was not satisfied with the inquiry report, he had an efficacious remedy in the form of challenging the said report by filing a revision petition. Admittedly no such recourse was adopted by Abdul Majeed respondent No. 4. On the other hand he has again moved an application after about more than 2 Vi years of the death of Abdul Hameed for the exhumation of his dead body.
8. Since the inquiry has been conducted and report has been approved up to level of Deputy Commissioner, Faisalabad, so regarding the same cause of action a second inquiry is not warranted by law as held in (1985 Law Notes Lahore (1010) ibid.
9. In the light of facts stated above the order of Deputy Commissioner dated 8.12.1997 requiring Illaqa Magistrate to hold a de novo inquiry and submit his report regarding death of Abdul Hameed being illegal, unwarranted by law is hereby quashed.
10. With this observation the petition stands disposed of.