GHULAM SADIQ Versus STATE

ORDER

Mst. Sarwar Bibi who was wife of the petitioner died in mysterious circumstances while living in the house of the petitioner. Jamal who is the maternal-uncle of the deceased made an application to the District Magistrate that she has died on account of the poison administered to her by the petitioner and two others. Request was made for disinterment of the dead body of Mst. Sarwar Bibi, so that the cause of death may be ascertained. The District Magistrate vide order, dated 20-6-1996, exercising powers under section 176(2), Cr.P.C. has allowed the dead body of the deceased to be disinterred and for the post-mortem. It is this order, which has been challenged in this revision petition.

2. The case of the petitioner is that Mst. Sarwar Bibi died because she used the utensil, having some particulars of pesticide for drinking water and fell on the ground unconscious". Learned counsel has submitted that she died because of her own mistake and misunderstanding and a D.S.P. investigated the cause of death and found that she died because of her own mistake. It is urged that the complainant obtained the order from the Magistrate for causing harassment to the petitioner.

3. The complainant is the real maternal-uncle of the deceased. Serious allegations have been levelled against the petitioner that he caused death of his wife. Incidents of such nature where house-wives arc killed by their parents-in -law are not, uncommon. It will be in the interest of justice if the cause of death of the deceased is ascertained. The impugned order, therefore, advances the demand of justice and it cannot be annulled in the discretionary jurisdiction of this Court under section. 435/439, Cr.P.C. If from the chemical examination is found that some poison, which may well be other than a pesticide was administered to the deceased, the petitioner will be an accused person in a murder case. On the request of such a person the order, passed by the District Magistrate cannot be set aside.

4. For what has been stated above, this petition is dismissed in limine.

N.H.Q./M-123/L Petition dismissed.