Punjab-Haryana High Court
Harpreet Singh And Anr vs State Of Punjab And Others on 12 December, 2023
Neutral Citation No:=2023:PHHC:158588
2023:PHHC:158588
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
118 CRWP-11958-2023
Date of Decision : December 12, 2023
HARPREET SINGH AND ANR. -Petitioners
V/S
STATE OF PUNJAB AND OTHERS -Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. Sandeep Kumar, 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 - Harpreet Singh is aged about
25 years, whereas, petitioner No. 2 - Suman is a minor, aged about 17
years 5 months.
2. In the context of threat perception at the hands of private
respondents No. 4 and 5, petitioners have allegedly moved representation
dated 06.12.2023 (Annexure P-3) to Senior Superintendent of Police,
Gurdaspur (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:-
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.
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
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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.
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 12, 2023 JUDGE
devinder
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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