Punjab-Haryana High Court
Gurpreet Singh And Anr vs State Of Punjab And Others on 4 December, 2023
Neutral Citation No:=2023:PHHC:153945
2023:PHHC:153945
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
113 CRWP-11476-2023
Date of Decision : December 04, 2023
GURPREET SINGH & ANR
.....Petitioners
VERSUS
STATE OF PUNJAB AND OTHERS
.....Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. J.S.Warring, Advocate
for the petitioners.
KULDEEP TIWARI. J.(Oral)
1. By way of filing this petition, the petitioners seek necessary
protection of their lives and personal liberties in view of the fact that they
are live-in relationship and are under eminent threats at the hands of
respondents No. 4 and 5. Petitioner No.1 -Gurpreet Singh is aged about
18 years and 10 months, whereas, petitioner No. 2 -Manpreet Kaur is a
minor, aged about 17 years and 4 months.
2. In the context of threat perception at the hands of private
respondents No. 4 and 5, the petitioners have allegedly moved
representation dated 20.11.2023 (Annexure P-3) to Senior Superintendent
of Police, Bathinda (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 co-ordinate Bench of this Court in the case of P...... Minor Through
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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:-
I. 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
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(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.
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."
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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 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).
(KULDEEP TIWARI)
December 04, 2023 JUDGE
ajay-1
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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