APPLICATION U/S 176 CR.P.C DRAFTING



IN THE COURT OF CIVIL JUDGE AND J.M HYDERABAD
Criminal Misc: Application No:- ________ OF 2021.

Noor Deen S/O Dhani Bux
By caste Banglani, adult, muslim,
R/O Bhittai Town House No 306,
Taluka Qasimabad District Hyderabad. -------------------------------------- Applicant

Versus.

The State ------------------------------------------------------------------------ Respondents

                                                                    Off: U/S 302, 337Ai, Fi, 337Hii,114,147,148PPC
                                                                    Cr;No:49/2021 P.S Nasim Nagar
                                                                    District Hyderabad

APPLICATION U/S 176 CR.P.C.

                                It is prayed on behalf of the accused that this Honourable Court may be pleased to order for exhumation of dead body of deceased Mujeeb Rahman to ascertain the cause of death in presence of team of Doctors on the consideration of following facts and grounds:-

F A C T S

                         On 19-05-2021 at 23:00 hours complainant Imam-ul-Deen Bakhrani lodged FIR with PS Nasim Nagar which is reproducing extensor as under:

                     “It is complaint that we exchanged harsh words with Noor Deen Banglani party over the damage of watermelon crop therefore nor Deen banglani party was annoyed and used to issue threats. That I own agricultural land situated in near Bhittai town. That on 15-05-2021 I along with my cousins everyone Imran, 2- Ghulam Abbas, 3-Ahmed Ali all sons of Haji Rahamat, 4-Barkat S/O Saindad, 5-Sanaullah S/O Haji Rahim Dad, and nephew Mujeeb Rahman S/O Deen Mohammad aged about 18/19 years all by caste Bakhrani together were developing our land situated in Bhittai Town for the seed of paddy crop. That at about 1030 am we saw and identified accused everyone 1-Noor Deen, 2-Wali Dad @ Major both sons of Dhani Bux, 3-Mehrullah S/O Saindad all three armed with Guns, 4-Yaseen S/O Khair Mohammad, 5-Mansab S/O Saindad, 6-Muraza S/O Rahim Dad, 7-Manzor S/O karim Dad, 8-Riaz S/O Wali Dad @ Major all dully armed with lathies all by caste Banglani R/O Bhittai Town Taluka Qasimabad, 3 unidentified persons we can identify them if recognize them again dully armed with K.Ks arrived there from southern side. Soon after their arrival accused Noor Deen challenged us, and by abusing asked us that we have insulted them by exchanging harsh words with them over the damage of crop of water melon therefore we will not be spared. By saying so accused Noor Deen instigated others to attack and teach us lesson. That being empty handed we remained silent. Meanwhile accused Mansab and accused Murtaza hold my nephew Mujeeb Rahman and accused yaseen caused serious lathy blow to my nephew Mujeeb Rahman which hit him at his right side of neck and he fail down and was writhing. Then all the accused persons caused lathy blows and but blows of Gun and K.K blows to my cousins Imran, Ghulam Abbas, Barkat, Ahmed Ali and Sanaullah who raised cries and fallen on the ground. Then all the accused persons made aerial firing in order to create harassment and by raising slogans fled away towards southern side. Then we saw that my nephew Mujeeb Rahman was expired. My cousin Imran has received an injury at the center of head, both shoulders, cousin Ghulam Abbas has received injuries at his upper part of both arms, center of head, cousin Barkat Ali has recived injuries at his upper part of both arms, fore head and arm, cousin Ahmed Ali has received injuries at the center of his head, dorsum of right foot, cousin sanaullah has received injuries at his right arm, center of head, knee joint of right leg and blood was oozing from the injuries. Then I after making arrangement of conveyance brought the corpus of my deceased nephew Mujeeb Rahman and injured persons at P.P Qasimabad from where obtained a letter for post mortem through OC Zafrullah and inquest report form to M.O RHC Qasimabad. We went to RHC Qasimabad where Doctor due to seriousness of injured person referred injured persons to Isra Hospital for better treatment. Then I sent the injured persons with the help of my close relative to Hyderabad and through PC Zafrullah got Post Mortem of deceased then brought the dead body of my nephew at village where buried the same and remained there for condolence purpose. As the injured persons were under treatment and after condolence today I have appeared at P.S and complain that above mentioned accused persons in furtherance of their common object dully armed with lathies, Guns and K.Ks due to previous quarrel over the damage of crop of watermelon at the instigation of accused Noor Deen banglani accused Yaseen committed murder of my nephew Mujeeb Rahman aged about 18/19 by causing fatal lathy blow. And remaining accused persons caused serious injuries to my cousins Imran Ghulam Abbas, Barkat, Ahmed ali and Sanaullah with lathies, Guns/K.Ks But blows. Weapon bearer accused persons fired in the air in order to create harassment and all the accused persons abused us and we saw unidentified accused persons properly and can identify them if recognize them again. Investigation be commenced.

                        Police after registration of FIR started the investigation and now the case has been chllaned by the Police U/S 173-A CRPC. Previously during the track of investigation an application U/S 176 CRPC was moved for exhumation of dead body of deceased before this Honourable Court but this Honourable Court has declined in limne on the ground that the case is under investigation therefore this Honourable Court have got no pwers to interfere in the investigation.

                    Having failed to get relief from this Honourable Court a criminal revision No:03 of 2021 was preferred but the same was disposed off by the Honourable 1st Additional Sessions Judge Hyderabad on 09-08-2021 with a direction to move fresh application.
                          Hence this application.


G R O U N D S


1. That as per instruction from my client neither deceased had received any kind of injury on his person nor he expired due to injury but there is reasonable suspicion that deceased had expired due to Hepatitis C much more time prior to alleged incident.

2. That on 15-05-2021 dead body inspection form was prepared by Police such was also sent to M.O RHC Qasimabad, from its perusal at Column No:8 it is categorically written that no any kind of injury is visible/available at the corpus of deceased.

3. That the accused persons suspected that deceased had not died due to allegations leveled by the complainant party in the FIR.

4. That this Honourable Court has waste powers for conducting fresh Post Mortem examination of alleged deceased.

5. That it is held by the Honourable High Court in a case reported in 2010 MLD 1681 that exhumation of dead body in order to discover the cause of death of deceased can be ordered on the request or information of even a stranger for the purpose to know the actual cause of death.

6. That it is also held by the Honourable High Court in a case reported in 2010 P.Cr.L.J 4 that this Honourable court has got waste powers to disinter any dead body for discovering the cause of death.

7. That there is no any limitation for exhumation of dead body. {1996 P.Cr.L.J 389}.

8. That it is also held in a case reported in 2011 P.Cr.L.J 1287 that application for exhumation of dead body can be allowed in the interest of justice to ascertain cause of death and the application can be moved even on a single ground of suspicion.

9. This Honourable court has ample powers to disinter any dead body to ascertain the actual cause of death of deceased.

10. That applicant crave leave of this Honourable Court to urge and plead further facts and grounds at the time of hearing of this application.

11. That the application as prayed may kindly be allowed in the interest of justice.

HYDERABAD                                                                                            SAJID MIR


DATED.17.08.2021.                                                             Advocate for the Applicant

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