DAMSAZ versus ASSISTANT MUKHTIARKAR REVNEUE/SPECIAL JUDICIAL MAGISTARTE
Sections 174, 176 (2) and 561 exclude the deceased for inquiry into the cause of death. Requesting the termination of the order, the slain magistrate ordered that the Director General of Health be made special. The Medical Board filed an application under Section 11A, CRPC to extract the body of the deceased to determine the real cause of the death of the deceased, the said order regarding the special magistrate's term was discriminatory and appropriate. It was as if the Special Magistrate had taken notice of the correct legal position when the decree was passed. For the purpose of ascertaining the true cause of death, a dead body may be ordered to be removed at the request or information of a stranger, so that the criminal machinery may be brought to its present state. The deceased's sister was justified in applying for the body's removal to ascertain the cause of death. 1 A, CR PC, discharged under conditions
Related judgments — Karachi High Court Sindh, 2010
