Punjab-Haryana High Court
Chandramani Thakur And Anr vs State Of Punjab And Others on 26 December, 2022
CRWP-12273-2022 1
120 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP-12273-2022
Date of Decision: December 26, 2022
Chandramani Thakur and another
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Robin Lohan, Advocate,
for the petitioners.
Mr. J.S. Arora, DAG, Punjab.
SANJAY VASHISTH, J.
1. By way of filing this petition, petitioners seek necessary
protection of their lives and personal liberty in view of the fact that they are
in a live-in relationship and are under eminent threats at the hands of
respondents No. 4 to 12. Petitioner No.1 - Chandramani Thakur is a minor,
aged about 17 years and 03 months, whereas, petitioner No. 2 - Vikash
Kumar, aged about 20 years and thus, both of them are not eligible to
perform marriage as per law.
2. In the context of threat perception at the hands of private
respondents No. 4 to 12, petitioners have allegedly moved representation
dated 24.12.2022 (Annexure P-4) to Commissioner of Police, Ludhiana,
(respondent No. 2), wherein, all the apprehension to their lives has been
expressed.
3. Learned counsel for the petitioners contends that the issue of
providing protection in case of minor petitioner(s), by way of issuance of a
writ in the nature of mandamus, has already been dealt with in detail by a
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co-ordinate Bench of this Court in the case of P...... Minor Through
Vikram v. State of Haryana and another (CRWP-2139-2022 (O&M),
decided on 28.03.2022) and other connected matters, i.e. CRWP-2140-
2022 (O&M) and CRWP-2250-2022 (O&M). He further submits that the
petitioners would be satisfied if the present petition is disposed of in terms
of the aforementioned judgment, dated 28.03.2022.
4. The co-ordinate Bench in the case of P...... Minor Through
Vikram (supra), after noticing various provisions of the Hindu Marriage
Act, 1955, the Hindu Minority and Guardianship Act, 1956, the Indian
Majority Act, 1875, the Juvenile Justice (Care and Protection of Children)
Act, 2015, as also the case law, while partly allowing the said petitions,
issued certain directions, which reads 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.
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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
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approached 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.
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."
Petitions are party allowed in terms as aforesaid.
Registry is directed to send a copy of the order
along with petition(s) and annexures to the
concerned Senior Superintendent of
Police/Superintendent of Police for necessary
compliance."
5. Having considered the submission made by learned counsel for
the petitioners, I am of the view that the facts of the petition in hand are
similar to one noticed in the judgment rendered in the case of P...... Minor
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Through Vikram (supra). Accordingly, the present petition is disposed of
in terms of the judgment dated 28.03.2022, rendered in the case of P......
Minor Through Vikram (supra).
(SANJAY VASHISTH)
JUDGE
December 26, 2022
Riya Whether Speaking/Reasoned: YES/NO
Whether Reportable: YES/NO
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