Punjab-Haryana High Court
Bhola Kumar And Another vs State Of Punjab And Others on 29 April, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2024:PHHC:058198
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP-3796-2024 (O&M)
Date of Decision: 29.04.2024
Bhola Kumar & another ...Petitioners
Versus
State of Punjab & others ...Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. A.S.Gulati, Advocate, for the petitioners.
GURVINDER SINGH GILL, J. (Oral)
1. Petitioner No.1 - Bhola Kumar, aged about 20 years & 3 months and
petitioner No.2 - Preeti Chauhan, aged about 17 years & 1 month, both
of whom are in a 'live-in' relationship, have approached this Court
seeking issuance of a direction to official respondents to protect their
lives and liberty as they apprehend threat to the same at the hands of
private respondents i.e. respondents No.4 to 6, who do not approve of
their 'live-in' relationship.
2. Learned counsel for the petitioners submits that at this stage the
petitioners would be satisfied in case directions akin to the one issued by
this Court in P...... Minor Through Vikram Vs. State of Haryana &
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).
CRWP-3796-2024 (O&M) -2-
3. A Coordinate Bench in P...... Minor Through Vikram's case (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, issued the following directions:
"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 (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
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.
CRWP-3796-2024 (O&M) -3-
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."
4. Having heard the learned counsel for the petitioners and having perused
the aforesaid judgment, the instant petition is disposed of with a direction
to respondent No.2 - Senior Superintendent of Police, SAS Nagar
(Mohali) to look into the matter and to dispose of representation dated
23.04.2024 (Annexure P-4) in accordance with law. In case, it is found
that there is a genuine threat to the lives and liberty of the petitioners,
then necessary steps warranted under law be taken thereupon at the
earliest so as to ensure that no harm is caused to the petitioners.
CRWP-3796-2024 (O&M) -4-
5. The petitioners shall appear before respondent No.2 - Senior
Superintendent of Police, SAS Nagar (Mohali) within a period of one
week from today.
6. The Senior Superintendent of Police, SAS Nagar (Mohali) shall take
necessary steps and do the needful in terms of Para 26 of P..... Minor
through Vikram, as reproduced above.
7. A copy of this order alongwith copy of the representation dated
23.04.2024 (Annexure P-4) be sent to respondent No.2 - Senior
Superintendent of Police, SAS Nagar (Mohali) so as to enable him to do
the needful expeditiously.
29.04.2024 (GURVINDER SINGH GILL)
Vimal JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
