EXHUMATION AND DISINTERMENT
IN THE COURT OF (NAME OF THE
JUDGE),
JUDICIAL MAGISTRATE 1ST
CLASS,
(NAME OF THE CITY)
(NAME OF THE PETITIONER) VS
The State
Case FIR NO. 000/000
Offence U/S.
302/147/149-PPC
Police Station. (NAME OF THE CITY)
ORDER:
28.05.0000
PRESENT: Learned
counsel for the petitioner.
Petitioner (NAME OF THE PETITIONER) has filed the instant application for
exhumation/disinterment of deceased (NAME)
on the ground that the medical officer who conducted the postmortem of deceased which is PMR No.00/0000, dated 00.00.0000,
Divisional Headquarters Hospital (NAME OF THE CITY) has in connivance with the accused
persons opined that the injuries sustained by the deceased may be a result of him being fallen from height. The
petitioner has prayed that exhumation of deceased (NAME) be conducted to find out the real cause of death.
Notice to state was issued and record was
summoned.
Petitioner has produced two witnesses, the
statements whereof have been recorded.
Arguments heard, record perused.
Perusal
of the record reveals that the petitioner has filed the instant application , mainly on the ground that the real cause of death of the
deceased was not shown on the postmortem
report. The petitioner has raised suspicion regarding
cause of death mentioned in postmortem
report. In these circumstances, the only mode whereby cause of death of deceased (
NAME) can be examined is the exhumation and the same appears to be expedient.
Therefore in the interest of justice this application is accepted. Exhumation shall
be conducted on ( DATE)
Robkar be issue to Medical Superintendent, DHQ hospital (NAME OF THE CITY) to constitute District Medical Board for the purpose of
exhumation and under intimation to this
court.
Robkar also to be issue to the SHO, P.S (NAME OF THE CITY) for making necessary arrangements for exhumation.
Copy of this order and that of the application be appended with the Robkar(s).
Announced
00.00.0000
Judicial
Magistrate 1st Class
(NAME OF THE CITY)


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