2009 PLP 2420 (YLR)
ANWAR ALI — Petitioner Versus S.I.O., P.S. WARISDINO MACHHI, LARKANA and 7 others — Respondents
| Citation | 2009 PLP 2420 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Khadim Hussain M. Shaikh, J |
| Parties | ANWAR ALI — Petitioner Versus S.I.O., P.S. WARISDINO MACHHI, LARKANA and 7 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 2420 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 2420 (YLR)?
The case was heard and decided by the Karachi bench comprising: Khadim Hussain M. Shaikh, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 2420 (YLR) (ANWAR ALI — Petitioner Versus S.I.O., P.S. WARISDINO MACHHI, LARKANA and 7 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Javed Ahmed Deenari for Petitioner.
- 4. Learned Advocate for the petitioner states that the Special Medical Board constituted for the purpose may be given direction for doing the needful within certain period. He, however, expresses satisfaction and states that the purpose of this petition has been served, therefore, he does not want to proceed further with this petition, which may be disposed of.
Headnotes / Summary
S.176
Constitution of Pakistan (1973), Art.199
Constitutional petition
Petitioner had prayed that direction be issued to police to make necessary arrangements for exhumation of dead body of his deceased daughter for the purpose of post-mortem and that to arrest accused person and to provide legal protection to the petitioner and his family
Police Officers concerned had made statements with affidavit that no harassment would be caused to the petitioner and that he would be provided protection as and when needed by him--Investigating Officer had stated that fresh date for exhuming dead body of deceased daughter of the petitioner and conducting post-mortem, had not been fixed by Medical Superintendent concerned
Special Medical Board, was directed by High Court to fix a nearest date for exhuming dead body and for conducting postmortem, within fixed period. Naimatullah Bhurgri for the State Counsel.
Judgment & Decree
KHADIM HUSSAIN M. SHAIKH, J.
The petitioner, through this petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, has sought following reliefs:-- (a) To direct the respondent No.1 to make necessary arrangements for examination of the dead body of daughter of petitioner namely Mst. Bahmbhor for the purpose of her post-mortem, without further delay. (b) To further direct the respondent No.1 to arrest the accused respondents Nos.6 to 8 of the murder of the daughter of petitioner and submit the challan of the case. (c) To direct the respondents Nos.3 and 4 to provide legal protection to the petitioner and his family members.
2. On 21-5-2009 SP Investigation, Larkana and Incharge DPO Larkana through Inspector Azizullah Abbasi Inspector Legal Larkana filed separate statement with his affidavit and A.S.-I. Maqsood Ahmed of Police Station Warisdino Machhi also filed his statement verified on oath. The said police officers had also made statement that no harassment would be caused to the petitioner and that the petitioner would be provided protection as and when needed by him. A.S.-I. Ghulam Murtaza Mithiani, Investigating Officer of crime No.6 of 2009 under sections 302, 201, 114, 34, P.P.C. of Police Station Warisdino Machhi states that fresh date for exhuming dead body of Mst. Bhambhore and conducting post-mortem, has not been fixed by the Medical Superintendent, Chandka Medical College, Hospital, Larkana.
4. Learned Advocate for the petitioner states that the Special Medical Board constituted for the purpose may be given direction for doing the needful within certain period. He, however, expresses satisfaction and states that the purpose of this petition has been served, therefore, he does not want to proceed further with this petition, which may be disposed of.
5. The Special Medical Board constituted vide office order No.SDGHSS/G-IV(MLC-9/4439/49 by the Director General Health Services, Sindh Hyderabad is directed to fix a nearest date for the above purpose and after doing the needful furnish final report to the Additional Registrar of this Court within a fortnight, positively.
6. In view of the above, this petition is disposed of in the above terms. Order accordingly.
7. M.A. No.897 of 2009 also stands disposed of. H.B.T./A-140/K Order accordingly.