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A 12-year-old boy goes missing in 2018 from a Madrasa in Hyderabad. Later, the body of a 20-year male was found and it was identified later to be that of a 12-year-old boy who went missing from Madrasa by police after an FSL. The Mother approached the Telangana HC by filing a Habeas Corpus writ petition. But the HC relied on the FSL report and held that the said writ cannot be issued for a dead person by order dated 07-12-2020.
Not satisfied by the court's order the Mother approached the Apex court and claimed that the High court has wrongly relied upon the FSL report and the found dead body is not her son. The petition claims that the HC has erred in relying on the fabricated FSL report. The petitioner makes such strong claims her son was 4ft tall and aged about 12 years while the body found by the police is 5ft tall and 20 years of age. The petition also claims that the court did not consider the PM report, FIR, Oral evidence by the father of the missing child, but only took FSL into account to reach a decision. The petitioner prays that case should be a central police organization like CBI for further inquiry.
The main question to deal with by single bench headed by CJ SA Bobde are as follow:
• Whether the HC was correct in only considering the FSL report as conclusive evidence while other evidence like oral and documentary evidence were present?
• Whether the FSL report is fake, fabricated, and created by the police?
• Whether HC before passing the order had failed to consider the fact that neither FSL report of the Body was handed over to the family?
• Whether HC has failed in upholding the justice?
The court has passed the notice in the present case to the respondents to file a reply.
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