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1990 Supreme(MP) 46

FAIZAN UDDIN, RAM PAL SINGH
Vikram Bahadur Singh – Appellant
Versus
District Magistrate, Jabalpur – Respondent


Advocates Appeared:
Fakhruddin for petitioners
S.C. Datt for respondent No.1
N.C. Jain for respondent No.2
Dilip Naik, Deputy Advocate General and Rajendra Singh for respondent No.5

ORDER

Ram Pal Singh, J.-

1. The petitioners has filed this petition under Art.226 of the Constitution of India, praying for issuance of a writ of 'Habeas Corpus 'or any other appropriate writ or direction against the respondents. The petitioners Nos.1 and 2 are the Social Workers, who originally filed this petition as Public Interest Litigation because one Wahid alias Ismail died in the custody of Police Station Omti, Jabalpur in the evening of 21-9-1989. The petitioners Nos. 3 and 4, who are close relations of the deceased, joined this petition as petitioners subsequently by orders of this Court dated 5-10-89 passed on IA No. 9330 of 1989.

2. On consideration of the I.A. No. 9113/89, an ad Interim writ was issued by this Court on 23-9-89 as a result of which the dead body of the deceased Wahid was disinterred (exhumed) in accordance with section 176(3) of the Code of Criminal Procedure and was sent to Forensic Science Laboratory, Bhopal for the purpose of second post - mortem examination by Dr. Heeresh Chandra and Dr. Satpathi as prayed for by the petitioners. By the same order, the Commissioner, Jabulpur Division, Jabalpur was directed to seize immediately the Sanha report of 21-9-8

























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