ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Misc.Appln.No.S-60 of 2023

 

DATE                         ORDER WITH SIGNATURE OF JUDGE

 

 

 

01.  For orders on office objection “A”.

02.  For hearing of main case.

 

04.05.2023.

 

Mr. Ajmair Ali Bhutto, Advocate for the applicant.

Mr. Athar Abbas Solangi, Advocate for private respondents.

Mr. Ali Anwar Kandhro, Addl.P.G for the State

 

                                                            -.-.-.-.-.-.-.-.-

                        Facts in brief necessary for disposal of instant Crl.Misc.Application are that on filing of an application by I.O/SIP Asadullah, the exhumation of grave of deceased Mst.Bibul Khatoon was directed by learned Civil Judge & J.M-I, Warrah, to ascertain actual cause of her death, vide order dated 30.11.2022; such order on having been impugned by legal heirs of the deceased by filing a criminal revision application was set aside impliedly by learned 1st Additional Sessions Judge, Qamber, with advice to learned trial Magistrate to pass an appropriate order vide order dated 10.12.2022; it has been impugned by the applicant before this Court by preferring instant Crl.Misc.Application.

            At the very outset, it is stated by learned counsel for private respondents that on remand, learned trial Magistrate on 21.12.2020 has passed a fresh order whereby he has suspended the exhumation proceedings, therefore, the applicant will have to challenge such order, if they are advised to do so. By stating so, he sought for dismissal of the instant Crl.Misc.Application, as the same having become infructuous.

            When confronted with above, it was stated by learned counsel for the applicant that he would not press the disposal of instant Crl.Misc.Application before this Court on merits, provided subject to law the applicant is permitted to challenge the order which has been passed by learned trial Magistrate on remand of the matter, which is not opposed by learned Addl.P.G for the State and learned counsel for the private respondents. Order accordingly.

                                                                                              JUDGE