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Petitioner: JAVAID IQBAL VS Respondent: THE STATE And 2 Other
Court Name: Lahore High Court Judge(s): Raja Afrasiab Khan Title: JAVAID IQBAL vs THE STATE And 2 Other Case No.: Writ Petition No.7617 of 1994 Date of Judgment:1994-07-06 Reported As: 1996 MLD 626 Result: Petition disposed of
Judgment ORDER A case under sections 302/148/149 and 337-A, P.P.C. Was registered against the accused with Police Station Chunian, District Kasur vide F.I.R. No.19/94, dated 6-4-1994. An application in writing was given .By the accused for conducting fresh post-mortem examination upon the dead body of Inayat Ullah. Learned Deputy District Attorney, Kasur considered the request favourably and gave his opinion saying that it would advance the cause of justice, in case, disinternment of the dead body is ordered. However, the case of the petitioner was dismissed by the learned District Magistrate, Kasur vide his order, dated 13-6-1994. Sardar Shaukat Ali Khan, learned counsel argues that no speaking order was passed by the learned District Magistrate Order demonstrates that the learned District Magistrate did not apply his judicial mind to the facts of the case. This order shall, therefore, be treated as non-existent in law. The contentions of the learned counsel for the parties should have been considered by the learned District Magistrate to meet the ends of justice. Learned Law Officer in such a situation, has no objection if a direction is issued to the learned District Magistrate to pass a fresh speaking order. This being so, the impugned order is set aside by declaring it without lawful authority and of no legal consequence. In other words, the application of the petitioner shall be deemed to be pending decision before the learned District Magistrate. It shall be decided after hearing the parties. With this observation, this petition indisposed of.
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