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Syariah Courts Criminal Procedure Code · s 305

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s 305Powers of Chief Syar'ie Prosecutor as to inquests

(1)

Notwithstanding anything in section 299, the Chief Syar'ie

Prosecutor may at any time direct a Syariah Subordinate Court Judge to hold an inquest under this Chapter into the cause of, and the circumstances connected with, any death such as is referred to in sections 295 and 300, and the Syariah Subordinate Court Judge to whom such direction is given shall thereupon proceed to hold an inquest and shall record his finding as to the cause of death and also as to any of the circumstances connected therewith

B. L. R.O. 4:202/

Syuriah Courts 166 CAP.

Crin~inal Procedure Code with regards to which the Chief Syar'ie Prosecutor may have directed him to make inquiry.

(2)

When the proceedings at any inquest under this Chapter have been closed and it appears to the Chief Syar'ie Prosecutor that further investigation is necessary, the Chief Syar'ie Prosecutor may direct the

Syariah Subordinate Court Judge to reopen such inquest and to make further investigation, and thereupon the Syariah Subordinate Court Judge shall have full power to reopen the inquest and make further investigation and thereafter to proceed in the same manner as if the proceedings at such inquest had not been closed.

(3)

Subsection (2) does not apply to any inquest at which a finding of qatlul- 'amd or qatlu syibhil- 'amd has been returned against any person.

(4)

When giving any direction under this section. the Chief Syar'ie

Prosecutor may also direct whether the body shall or shall not be exhumed.

(5)

All directions given under this section shall be complied with by the Syariah Subordinate Court Judge to whom they are addressed without unnecessary delay.

(6)

If it is made to appear to the Chief Syar'ie Prosecutor that it is expedient that an inquest commenced by one Syariah Subordinate Court

Judge should be continued by another Syariah Subordinate Court Judge. he may direct both such Syariah Subordinate Court Judges accordingly and such Syariah Subordinate Court Judges shall comply with such direction.