This file photo shows Indiana Reformatory booking shots of John Dillinger, stored in the state archives, and shows the notorious gangster as a 21-year-old. (AP Photo / The Indianapolis Star, Charlie Nye, File)

A nephew of 1930s gangster John Dillinger needs a cemetery’s permission to exhume the notorious criminal’s Indianapolis gravesite to prove whether he’s actually buried there, a judge ruled Wednesday in dismissing the nephew’s lawsuit against the cemetery.

This file photo shows Indiana Reformatory booking shots of John Dillinger, stored in the state archives, and shows the notorious gangster as a 21-year-old. (AP Photo / The Indianapolis Star, Charlie Nye, File)

Dillinger’s family first applied to exhume the remains in July as part of a planned History Channel documentary. The deadline to exhume and return the remains was Sept. 16, and the exhumation did not occur.

This file photo shows Indiana Reformatory booking shots of John Dillinger, stored in the state archives, and shows the notorious gangster as a 21-year-old. (AP Photo / The Indianapolis Star, Charlie Nye, File)

Descendants of the notorious Depression-era bank robber claim they have evidence that the body in his grave in Indiana may not be his. We examine the enduring fascination with the legendary outlaw.

In this December 1934 file photo, people view the body of gangster John Dillinger in a Chicago morgue. (AP Photo / File)

Descendants of notorious 1930s gangster John Dillinger seeking to have his remains exhumed say they have “evidence” the body buried in an Indianapolis cemetery may not be him.

This file photo shows Indiana Reformatory booking shots of John Dillinger, stored in the state archives, and shows the notorious gangster as a 21-year-old. (AP Photo / The Indianapolis Star, Charlie Nye, File)

The body of notorious 1930s gangster John Dillinger is expected to be exhumed in September at an Indianapolis cemetery but it could be a tough job because his grave is encased in concrete.

Armed with a fake wooden gun, the infamous gangster John Dillinger made a daring escape from the Crown Point County Jail in Northwest Indiana in 1934. More than 80 years later, Dillinger has returned to Crown Point. Joining us to discuss the new John Dillinger Museum is Speros Batistatos, president and CEO of the South Shore Convention and Visitors Authority.