Punjab-Haryana High Court
Sumit And Anr vs State Of Haryana And Others on 18 March, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:038614
CRWP No. 2532 of 2024 1 2024:PHHC:038614
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
119
CRWP No. 2532 of 2024
Date of Decision: 18.03.2024
Sumit and another .....Petitioners
Versus
State of Haryana and others .....Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Kuldeep Singh Siwach, Advocate for the petitioners.
Mr. Chetan Sharma, DAG, Haryana.
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KIRTI SINGH, J.(ORAL)
1. The petitioners are seeking a direction to the official respondents to protect their life and liberty as they apprehend danger from private respondents.
2. Petitioner No.1 is stated to be of 20 years while petitioner No.2 is more than 16 years and 6 months old. Her date of birth is stated to be 15.09.2007. The petitioners are stated to have sent a representation dated 12.03.2024 (Annexure P-3) to the Superintendent of Police, Fatehabad- respondent No.4.
3. Issue notice to respondents No.1 to 5 only at this stage. At the asking of the Court, Mr. Chetan Sharma, DAG, Haryana, accepts notice on behalf of respondents No.1 to 5.
4. Heard.
5. The Coordinate Bench of this Court, while examining the issue of protection to the minors in the case of P...... Minor Through Vikram v. State of Haryana and another (CRWP-2139-2022 (O&M), decided on 1 of 3 ::: Downloaded on - 19-03-2024 04:24:28 ::: Neutral Citation No:=2024:PHHC:038614 CRWP No. 2532 of 2024 2 2024:PHHC:038614 28.03.2022) and other connected matters, i.e. CRWP-2140-2022 (O&M) and CRWP-2250-2022 (O&M), had disposed of the matter by issuing directions to the Senior Superintendent of Police to depute a Child Welfare Police Officer to produce the minor before the Child Welfare Committee constituted under the Juvenile Justice Act within a period of 01 week and other directions were issued which read as under:-
"26. In view of the above, the petitions are partly allowed with directions as under:-
1. The minor in all these cases happen to fall within the definition of child in need of care and protection as provided under section 2(14)(vii)(xii) of Juvenile Justice (Care and Protection of Children) Act, 2015. The Senior Superintendent of Police/Superintendent of Police of the respective districts shall depute a Child Welfare Police Officer to produce the minor/child before the Committee constituted under the Juvenile Justice (Care and Protection of Children) Act 2015.
II. The respective Committee shall conduct enquiry contemplated under Section 36 of the Juvenile Justice (Care and Protection of Children) Act 2015 and pass an appropriate order under section 37 of the said Act, by associating all the stakeholder, and to ensure that the objects of the Juvenile Justice (Care and Protection of Children) Act 2015 are well served.
III. The Child Welfare Committee shall take appropriate decisions with respect to the boarding and lodging of the minor and also to conduct enquiry on all issues relating to and affecting safety and well-being of the child/minor. IV. During the pendency of such adjudication and passing of orders as contemplated under Section 37 of the Juvenile Justice (Care and Protection of Children) Act 2015, the committee shall also take appropriate interim/decisions as regards placement of a child/custody of the child in need of care and protection. V. The concerned SSPs/SPs shall also take appropriate steps as warranted by law against the threat perception to the minor as well as to their next friend, through whom the minors have approved this Court and to ensure that the respective petitioners are protected from any physical harm at the instance of the respondents in respective cases.
VI. The petitioners are directed to appear in the office of SSP/SP of the respective Districts within a period of 03 days from today, failing which the concerned SSP/SP shall depute a Child Welfare Police Officer to produce the minor before the Child Welfare Committee within a period of 01 week thereafter.
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CRWP No. 2532 of 2024 3 2024:PHHC:038614
VII. The Child Welfare Committee constituted under the Juvenile Justice (Care and Protection of Children) Act 2015, shall send a compliance report to this Court."
5. In view of the above, the petition is disposed of in the same terms as the judgment dated 28.03.2022, rendered in the case of P...... Minor Through Vikram versus State of Haryana and another (supra). The Superintendent of Police, Fatehabad is directed to depute a Child Welfare Police Officer to produce petitioner No.2 before the Committee constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015, within a week. The other directions issued in the case of P...... Minor Through Vikram versus State of Haryana and another (supra) shall also be applicable and complied with by all concerned.
18.03.2024 (KIRTI SINGH)
Rajeev (rvs) JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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