MST. HALEEMA BIBI Versus D. M., SHEIKHUPURA

ORDER

1. The facts leading to this petition are that Mst. Haleema Bibi, sister of Muhammad Boota deceased alleged that the latter has been poisoned to death by his wife Mst. Sakina Bibi with the help of her paramour Muhammad Sadiq. On 10‑5‑1988 she moved an application under section 176 Cr.P.C. to the District Magistrate, Sheikhupura to disintern the grave of Muhammad Boota deceased. The learned District Magistrate entrusted .the application to R.M. Sangla Hill for inquiry and report. After recording statements of the petitioner and other witnesses the learned R.M. submitted his report to the District Magistrate recommending disinternment of the grave of Muhammad Boota deceased but the learned District Magistrate did not agree with him and declined the prayer of the petitioner on the ground that a month had elapsed between the death of Muhammad Boota and the proposed disinternment and as such it would not be conducive to the interest of justice that his grave be disinterned.

2. Learned Advocate‑General has appeared on behalf of the State. He submits that the order of the learned District Magistrate is not legally correct and he has no objection to its being set aside. He has not objection to the disinternment of body of Muhammad Boota deceased and for holding his post‑mortem examination. Accordingly petition is accepted.

3. District Magistrate, Sheikhupura is directed to pass necessary orders for disinternment of grave of Muhammad Boota and his post mortem examination under the supervision of Medical Superintendent, District Hospital, Sheikhupura. On the receipt of post‑mortem report the petitioner may decide the future course of action to be adopted by her.

4. S.A/H‑81/L Writ issued.