Telangana High Court
Nazima Begum vs The State Of Telangana on 7 December, 2020
Author: Raghvendra Singh Chauhan
Bench: Raghvendra Singh Chauhan, B.Vijaysen Reddy
HIGH COURT FOR THE STATE OF TELANGANA
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.5724 of 2020
07.12.2020
Between:
Nazima Begum
...Petitioner
and
The State of Telangana,
Rep. by its Chief Secretary,
"B" Block, 9th floor, BRKR Bhavan,
Telangana Secretariat, Hyderabad,
And others.
...Respondents
Counsel for the petitioner : Mr. Khaja Aijazuddin
Counsel for the respondents : Mr. T. Srikanth Reddy
GP for Home
The Court made the following:
2
HCJ & BVR,J
W.P.No.5724 of 2020
ORDER:(Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) The petitioner has filed this Habeas Corpus Writ Petition, ostensibly, on the ground that her son, Mohd. Akram Ali, had gone missing on 03.09.2018 at 9:00 am, after her husband had dropped off her son at the Madarsa. The petitioner had lodged a complaint for "missing person" with the concerned Police Station. The complaint was registered as FIR No.101 of 2018 for the offence under Section 363 IPC. Ever since 03.09.2018, the whereabouts of her son are unknown. Hence, the present Habeas Corpus Writ Petition before this Court.
Mr. T. Srikanth Reddy, the learned Government Pleader for Home, has filed a counter-affidavit submitted by the respondent No.5, the Inspector of Police, Dabeerpura Police Station, Hyderabad. The same shall be taken on record.
According to the Inspector of Police, the C.C.T.V footage of Dabeerpura Police Station revealed that a boy entered the Dabeerpura Railway Station on 03.09.2018. Therefore, the Police deputed a Head Constable to investigate the case further. On 04.09.2018 at 6:45 am, the Railway Police of the Mahabubnagar Police Station discovered a dead body of an unknown male person on the railway track at Shadnagar. Therefore, Crime No.72 of 2018 was registered under Section 174 Cr.P.C. The post-mortem was conducted on the dead body. Discovering the fact that the dead body belongs to a Muslim boy, the dead body was buried at the Muslim graveyard, Shadnagar. Subsequently, the Police informed the petitioner about the discovery of the dead body of a male on the railway track. The petitioner requested that the dead 3 HCJ & BVR,J W.P.No.5724 of 2020 body be not only exhumed, but also should be subjected to a DNA test for identification of the dead body, which was buried in the graveyard at Shadnagar. Consequently, on 05.10.2018, the dead body was exhumed, and the DNA test was carried out. According to the report of the Telangana State Forensic Science Laboratory, dated 05.02.2019, the DNA of the petitioner and her husband matched the DNA of the dead body so exhumed. Therefore, according to the respondent No.5, the petitioner's son has already expired, whose body was, in turn, buried in the Muslim graveyard at Shadnagar. On the basis of the report submitted by the FSL, the learned counsel for the State submits that, since the petitioner's son has already died, no Writ of Habeas Corpus can possibly be issued by this Court.
On the other hand, Mr. Khaja Aijazuddin, the learned counsel for the petitioner, submits that, according to FIR No.72 of 2018 registered at the Police Station Mahabubnagar, under Section 174 Cr.P.C, the dead body was that of a female and not of a male person. Therefore, there is a bit of discrepancy as to the gender of the dead body discovered on the railway track at Shadnagar. Hence, according to the learned counsel for the petitioner, the Police has not carried out a fair investigation into the complaint lodged by the petitioner.
Heard the learned counsel for the parties, and perused the records submitted before this Court.
Even if the FIR No.72 of 2018 claims that a dead body of a "female" was discovered on the railway track, even then the post- mortem examination, dated 06.09.2018, carried out by the CHC, 4 HCJ & BVR,J W.P.No.5724 of 2020 Shadnagar, clearly indicates that the dead body was that of a "male" person. Moreover, the FSL report, dated 05.02.2019, in which the DNA of the petitioner, her husband and of the bones exhumed from the graveyard were matched, has clearly pointed out that "the Autosomal STR analysis conclusively proves that Mohd. Asif Ali (source of item no.1) is the biological father of source of item no.4 (sternum) and whose biological mother is Nazima Begum (source of item no.2)". Nazima Begum, in fact, happens to be the petitioner before this Court. Therefore, even if there is a bit of discrepancy between the description of the dead body mentioned in the FIR No.72 of 2018, and the gender of the body subjected to post-mortem on 06.09.2018, even then, the fact remains that, according to the FSL report, the sternum of the dead body contained the DNA of the petitioner and her husband. Thus, obviously, the petitioner's son is no longer alive, but has been buried in the Muslim graveyard at Shadnagar. Since the missing person is no longer alive, obviously, no Writ of Habeas Corpus can be issued by this Court.
For the reasons stated above, this Court does not find any merit in the present Writ Petition; it is, hereby, dismissed. There shall be no order as to costs.
The miscellaneous petitions pending, if any, shall stand closed.
______________________________ RAGHVENDRA SINGH CHAUHAN, CJ ______________________________ B. VIJAYSEN REDDY, J 07.12.2020 vs