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2025 DAILYLAW 202321 (ALL)

BALAKRAM v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL HEALTH AND FAMILY WELFARE LKO. AND 4 OTHERS

CRLP/9330/2025 · 2025-10-16

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9330 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner and learned AGA appearing on behalf of the State-respondents. 2. With the consent of learned counsel for the parties, the instant writ petition is being finally decided. 3. Instant writ petition has been filed praying for a mandamus commanding the respondents authorities to exhume the body of the deceased Sri Chandra Shekhar alias Rahul and for conducting of reexamination/postmortem of the body. 4. Learned AGA states that in this regard adequate provision has been made under Section 196 (4) of B.N.S.S,2023 per which upon an application being moved before the learned Magistrate if such learned Magistrate considers it expedient to make an examination of the dead body of any person who has already been interred in order to discover the cause of his death, the learned Magistrate may cause the body to be disinterred and examined. 5. Responding learned counsel for the petitioner states that in this regard he has already submitted an application dated 03.09.2025, a copy of which is annexure 5 to the writ petition to the District Magistrate and prays that the said authority be directed to decide the said application in accordance with law and the provision of Section 196 (4) of B.N.S.S, Versus Counsel for Petitioner(s) : Rajesh Kumar Kashyap Counsel for Respondent(s) : C.S.C. Balakram .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare Lko. And 4 Others .....Respondent(s) 2023 within a shortest possible time. 6. Considering the aforesaid, the writ petition is disposed of with the direction to the respondent no. 2 i.e District Magistrate, District- Hardoi to decide the pending application of the petitioner dated 03.09.2025 in accordance with law and the relevant rules within a period of two weeks from the date of receipt of a certified copy of this order. 7. In case, the petitioner has any grievance it would be open for him to approach the competent Court of law again. October 16, 2025 Pachhere/- CRLP No. 9330 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench