Identification of person from the fingerprints
Charanjit Singh Ghumman
(Querist) 04 March 2018
This query is : Resolved
A lawaris is claimed by a person to be her brother. The police has pulps of all the 10 fingers of the Lawaris and also the Aadhaar Card availble with it.
The Aadhaar Act under Section 33 (1) permits the use of data stored in data centre if the District Judge passes and order after giving a hearing to the Aahdaar Authority.
Kindly advise the type of application to be made. The case is pending in lower Court of Junior Civil judge. Is it necessary to submit the application through the Lower Court to the District Judge ?
Kindly suggest the format of application to be made directly or through lower Court to the District Judge.
Though I am advocate myself I am confused by the comments of the Court which desires that it should be found out fisrt is the finger pritnts are still availble with the Aadhaar Authority.
The plaintiff has refused a D.N.A. test and all the evidence points our to false statement as to indentity of the dead person terming as brother of the Plaintiff. It is a case of fraud to usurp property of brother, away in trip to U.S.A.
I.S.Roy,Advocate
(Expert) 04 March 2018
file petition under S 45 of Evidence Act to send to experts
Ms.Usha Kapoor
(Expert) 05 March 2018
Either you can file petition for finger prints testing u/s 45 Indian evidence Act to experts or go for DNA finger printing test at a Forensic lab.
