Punjab-Haryana High Court
Simranjeet Kaur And Anr vs State Of Punjab And Ors on 6 August, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:100197
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
105
CRWP
CRWP-7531-2024
Date of decision: 06.08.2024
SIMRANJEET KAUR AND ANR
...Petitioners
Petitioners
Versus
STATE OF PUNJAB AND ORS
...Respondentss
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present:-. Mr. Chandan Singh Rana,, Advocate for the petitioners.
*****
KIRTI SINGH, J.(Oral)
J.
This petition under Article 226 of the Constitution of India
has been filed for seeking a direction to the official respondents to protect
the life and liberty of the petitioners from the hands of private respondents
(arrayed in the petition) as they are in live in relationship aga
against
inst the
wishes of the family members.
2. Learned counsel for the petition
petitioners
ers submits that the petitioner
No.1 is 16 years old while petitioner No.2 is 23 years old. The date of
birth of petitioner No.1 is stated to be 23.
23.11.2008. The petitioners are in
live in relationship, against the wishes of private respondents No.4 to 7..
They have placed on record copy of the Aadhar cards (Annexures P
P-1
1 and
P-2)
2) to substantiate their claim. The petitioners have also submitted a
representation dated 01.08.2024 (Annexure
ure P
P-3) to respondent No.2 but
till date no action thereon has been taken. He further submits that the
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petitioners will be satisfied if appropriate direction is given to respondent
No.2 to consider and dispose of the aforesaid representation dated
01.08.2024
024 (Annexure P-3)
P in accordance with law in an expeditious
manner.
3. Issue notice to respondents No.1 to 3 only at this stage.
4. At the asking of the CourtMr.
Mr. Randhir Singh Thind, DAG,
Punjab,, accepts notice on behalf of respondents No.1 to 33. Learned
counsel for the petitioners is directed to supply a copy of complete paper
book to the counsel appearing for the State during the course of the day.
5. Heard.
6. 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
2022 (O&M),
decided on 28.03.2022) and other connected matters, i.e. CRWP
CRWP-2140--
2022 (O&M) and CRWP-2250-2022
CRWP 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:-
under:
1. The minor in all these cases happen to fall within the
definition of child in need of care and protection as provided
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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
ection 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 tthe
he 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.
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V. The concerned SSPs/SPs shall also take appro
appropriate
priate 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."
7. 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 versus State of Haryana and another (supra)
(supra).. The
respondent No.2-Senior
No.2 Superintendent of Police, Jalandhar (Rural) is
directed to depute a Child Welfare Police Officer to produce petitioner
No.2 before the Committee constituted under the Juvenile Justice (Care
and Protection of Children) Act, 2015, within a week. The other
directions
rections issued in the case of P...... Minor Through Vikram versus
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State of Haryana and another (supra) shall also be applicable and
complied with by all concerned.
8. The respondent No.2-Senior
Senior Superintendent of Police,
Jalandhar (Rural),
(Rural) is further directed
ected to consider the representation qua
petitioner
titioner No.2 and will grant him necessary protection, if there is any
threat to his life and liberty.
9. In case any criminal case is pending against petitioner
petitioner(s),, this
order shall not be any hindrance for the Investigating Agency to proceed
according to law.
(KIRTI SINGH)
JUDGE
06.08.2024
Kavita
vita Nain
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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