2017 P Cr (PLP)
YAR MUHAMMAD — Petitioner Versus The STATE — Respondent
| Citation | 2017 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | YAR MUHAMMAD — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 P Cr (PLP) (YAR MUHAMMAD — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Atlas Khan for Petitioner.
Headnotes / Summary
Ss. 561-A, 156(3), 174 & 176
Order for exhumation of dead body
Quashing of order, petition for
Petitioner, who was father of the deceased, had sought quashing of order passed by the Judicial Magistrate, ordering exhumation of dead body of the deceased for postmortem examination
Deceased/daughter of the petitioner met unnatural death, but her legal heirs, did not lodge any report before the Police, as according to them, the deceased committed suicide and she was buried
Judicial Magistrate, on application of the Police, ordered exhumation of dead body of the deceased
Investigating Officer, had not collected any evidence to show the death of the deceased to be a murder by someone by administering poison to her
Legal heirs of the deceased, did not suspect any person, for murder of the deceased
All the legal heirs of the deceased, were unanimous qua suicide of the deceased
Petitioner, being father of the deceased, was the trustee of the grave of her deceased daughter to keep it maintained, not only the grave, but respect and dignity of the dead body also
Islam accorded great respect to the dead body of a Muslim
Exhumation, without any justification, was a sin in Islam
Order of exhumation, must be based on detailed reasoning, logic and fairness
No such reason was available to justify the exhumation of the dead body
Both courts below had landed in the field of error and reached to a wrong conclusion
Impugned orders were quashed, in circumstances
Application filed by the Police for exhumation of dead body of the deceased, stood dismissed, in circumstances.
Judgment & Decree
ASSADULLAH KHAN CHAMKANI, J.
Through the instant petition under section 561-A, Cr.P.C., petitioner Yar Muhammad seeks quashment of order dated 29.10.2015, passed by learned Judicial Magistrate-V, Peshawar whereby allowing the application of the local police, he ordered exhumation of dead body of Mst. Parkha Bibi for postmortem examination and order dated 11.11.2015, passed by learned Sessions Judge-V, Peshawar, whereby he maintained the order of learned Judicial Magistrate by dismissing the revision petition of the petitioner.
2. Arguments heard and record perused.
3. According to record, Mst. Parkha, was the daughter of the petitioner, who met unnatural death due to poisoning. Her LRs did not lodge any report before the police as according to them the deceased herself committed suicide, as such she was buried. The local police upon information about the incident incorporated it in Daily Diary No.06 dated 23.10.2015 under section 174/156(3), Cr.P.C. during which course, applied before the learned Judicial Magistrate for exhumation of the dead body of the deceased for the purpose of postmortem. The I.O. has not collected any sort of evidence much less tangible to show the death of the deceased to be a murder by someone by administering poison to her. The statements of LRs of the deceased have been recorded wherein they do not suspect any person for murder of the deceased. Rather, as per their statements prior to the incident the deceased had attempted to commit suicide by adopting same exercise of taking poison, but was luckily rescued in the hospital. Had there been any solid evidence regarding the murder of the deceased or any LRs charging any one for her murder, then definitely, the situation would have been different. As stated earlier, all the LRs of the deceased are unanimous qua suicide of the deceased. The petitioner being father of the deceased is the trustee of the grave of her deceased daughter to keep it maintained not only the grave but respect and dignity of the dead body also. Islam accords great respect to the dead body of a Muslim. Exhumation without any justification is a sin in Islam. Order of exhumation must be based on detailed reasoning, logic and fairness. I see no such reason to justify the exhumation of the dead body of the deceased.
4. In view of the above, both the courts below have landed in the field of error and reached to a wrong conclusion, therefore, this petition is allowed and the impugned order of both the Courts below are hereby quashed, resultantly, the application filed by the local police for exhumation of dead body of the deceased Mst. Parkha stands dismissed. HBT/26/P Petition allowed.