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1999 SCMR 1322

MUHAMMAD MOOSA vs ABDUL AZIZ and 2 others

Citation1999 SCMR 1322
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No,146 of 1997
Date1998-04-28
Judge(s)Irshad Hasan Khan, Muhammad Arif
ResultLeave granted

ORDER

' IRSHAD HASAN KHAN, J.---Leave to appeal is sought against the order dated 6-10-1997. Passed by the High Court of Sindh, Sukkur Bench, in Criminal Revisions Nos.49 of 1997 (Sukkur) and 66 of 1997 (Karachi).

2. The question involved in these proceedings is whether the Magistrate 1st Class while exercising his powers under section 176(2), Cr.P.C. Is empowered to order disinterment of a dead body when earlier post-mortem had been conducted in due course, after which the learned Additional Sessions Judge had in the course taken cognizance of the case.

3. Raja Abdul Ghafoor, learned counsel for the petitioner argued that the learned Magistrate 1st Class had allowed disinternment of dead body while learned Additional Sessions Judge in exercise of his revisinoal jurisdiction declined to do so. However, the learned Singly Judge of the Sindh High Court, while setting aside the impugned order of the trial Court had restored the order of the Magistrate 1st Class allowing disinternment of the dead body.

4. Leave to appeal is granted to consider whether in the facts and circumstances of the case, the learned Judge in Chambers was right in passing the impugned order. Meanwhile, the interim order dated 21-10-1997 suspending the operation of the impugned judgment of the learned Judge in Chambers shall continue. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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