Allahabad High Court
Raj Kumar Khandelwal vs State Of U.P. And Another on 17 February, 2023
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 70
Case :- CRIMINAL REVISION No. - 395 of 2018
Revisionist :- Raj Kumar Khandelwal
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Mr Bhanu Bhushan Jauhari
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Shri Bhanu Bhushan Jauhari, learned counsel for the revisionist and Shri Ashutosh Srivastava, learned Brief Holder for the State are present. Despite service of notice upon opposite party No. 2, none appears on his behalf.
Present Criminal Revision has been preferred to set aside the judgment and order dated 24.10.2017 passed by Additional Sessions Judge, Court No. 4, Shahjahanpur in Criminal Appeal No. 25 of 2017 by which the appellate court affirmed the order dated 11.11.2016 passed by Child Welfare Committee, Shahjahanpur by which Child Welfare Committee issued a direction to the revisionist to admit the child in the school along with Science subject and to compensate the daughter of opposite party No. 2 for physical, mental and financial loss.
Brief facts of the case are that the opposite party No. 2 filed a complaint before Child Welfare Committee on 27.5.2016 alleging that the revisionist took signature of the child forcibly and admitted in Class XIth in Commerce Group. Opposite party No. 2 is an advocate and the child is daughter of opposite party No. 2.
Learned counsel for the revisionist submits that the Child Welfare Committee without any authority passed the order which was affirmed by the appellate court. As per Section 2(14) of The Juvenile Justice (Care and Protection of Children) Act, 2015, the child for whom the order has been passed, is not covered under the aforesaid Act. Section 2(14) of The Juvenile Justice (Care and Protection of Children) Act, 2015 provides as under:-
2(14) "child in need of care and protection" means a child--
(i) who is found without any home or settled place of abode and without any ostensible means of subsistence; or
(ii) who is found working in contravention of labour laws for the time being in force or is found begging, or living on the street; or
(iii) who resides with a person (whether a guardian of the child or not) and such person-
(a) has injured, exploited, abused or neglected the child or has violated any other law for the time being in force meant for the protection of child; or
(b) has threatened to kill, injure, exploit or abuse the child and there is a reasonable likelihood of the threat being carried out; or
(c) has killed, abused, neglected or exploited some other child or children and there is a reasonable likelihood of the child in question being killed, abused, exploited or neglected by that person; or
(iv) who is mentally ill or mentally or physically challenged or suffering from terminal or incurable disease, having no one to support or look after or having parents or guardians unfit to take care, if found so by the Board or the Committee; or
(v) who has a parent or guardian and such parent or guardian is found to be unfit or incapacitated, by the Committee or the Board, to care for and protect the safety and well-being of the child; or
(vi) who does not have parents and no one is willing to take care of, or whose parents have abandoned or surrendered him; or
(vii) who is missing or run away child, or whose parents cannot be found after making reasonable inquiry in such manner as may be prescribed; or
(viii) who has been or is being or is likely to be abused, tortured or exploited for the purpose of sexual abuse or illegal acts; or
(ix) who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or
(x) who is being or is likely to be abused for unconscionable gains; or
(xi) who is victim of or affected by any armed conflict, civil unrest or natural calamity; or
(xii) who is at imminent risk of marriage before attaining the age of marriage and whose parents, family members, guardian and any other persons are likely to be responsible for solemnisation of such marriage;
In view of the above facts and circumstances, after notification of 21.9.2016, Child Welfare Committee constituted earlier Act and has no jurisdiction to pass any order. The judgment and orders dated 24.10.2017 and 11.11.2016 have been passed without jurisdiction and are set aside.
Present Criminal Revision is allowed.
Order Date :- 17.2.2023
T. Sinha
