Punjab-Haryana High Court
Sunil And Anr vs State Of Haryana And Others on 25 August, 2023
2023:PHHC:111366
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
106 CRWP-8408-2023 (O&M)
DATE OF DECISION: 25.08.2023
SUNIL AND ANR. ... Petitioner (s)
Versus
STATE OF HARYANA AND OTHERS ... Respondent(s)
CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present: Mr. Aazam Khan, Advocate for the petitioners.
Mr. Anant Kataria, DAG, Haryana.
36 2 2 2k
ANUPINDER SINGH GREWAL, J. (ORAL)
The petitioners are seeking a direction to the official respondents
to protect their life and liberty as they apprehend danger at the behest of the
private respondents.
2. Petitioner No.1 is stated to be 23 years old while petitioner No.2
is 17 years and 1 month old and her date of birth is 22.07.2006 as reflected in
the copy of her adhaar card (Annexure P-2). The petitioners are stated to have
sent a representation dated 18.08.2023 (Annexure P-3) to the Superintendent
of Police, Bhiwani.
3. Issue notice to the respondents No.1 to 3 only at this stage. At the
asking of the Court, Mr. Anant Kataria, DAG, Haryana accepts notice on
behalf of the respondents No.1 to 3.
4. Heard. 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 28.03.2022) and other connected matters, i.e. CRWP-2140- 2022
SWARN JIT SINGH
2023.08.25 11:54
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integrity of this document
CRWP-8408-2023 (O&M) 2
(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.
Ill. 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
SWARN JIT SINGH
2023.08.25 11:54
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CRWP-8408-2023 (O&M) 3
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."
4. 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 v. State of Haryana and another (supra). The
Superintendent of Police, Bhiwani is directed to depute a Child Welfare Police
Officer to produce the 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 v. State of Haryana and another (supra) shall also be applicable
and complied with by all concerned.
(ANUPINDER SINGH GREWAL)
JUDGE
25.08.2023
SwarnjitS
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
SWARN JIT SINGH
2023.08.25 11:54
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integrity of this document
