Dinesh Verma And Another vs State Of Punjab And Others
2022 Latest Caselaw 13867 P&H

CRWP-10379-2022                                                              1

111          IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                 CHANDIGARH
                               CRWP-10379-2022
                         Date of Decision: November 02, 2022


Dinesh Verma nd another
                                                                  ...Petitioners
                                    Versus
State of Punjab and others
                                                                ...Respondents


CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH


Present:     None.

SANJAY VASHISTH, J.

1. Members of the Bar are abstaining from work today.

2. By way of filing this petition, the 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 and 5. Petitioner No.1 - Dinesh Verma is aged about 29

years, whereas, petitioner No. 2 - Pallavi is a minor, aged about 17 years 10

months.

3. In the context of threat perception at the hands of private

respondents No. 4 and 5 petitioners have allegedly moved representation

dated 30.10.2022 (Annexure P-3) to Commissioner of Police, Ludhiana

(respondent No. 2), wherein, all the apprehension to their lives has been

expressed.

4. As the issue of providing protection in case of minor

petitioner(s), by way of issuance of a writ in the nature of mandamus, has

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already been dealt with in detail by a 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),

hence, petitioners would be satisfied if the present petition is disposed of in

terms of the aforementioned judgment, dated 28.03.2022.

5. 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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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.

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."

6. Having considered the submission made in the petition, 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 Through Vikram (supra).

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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
November 02, 2022
Riya            Whether Speaking/Reasoned: YES/NO
                Whether Reportable:        YES/NO




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