Punjab-Haryana High Court
Sumit And Anr vs State Of Haryana And Others on 18 March, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:038614
CRWP No. 2532 of 2024 1 2024:PHHC:038614
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
119
CRWP No. 2532 of 2024
Date of Decision: 18.03.2024
Sumit and another .....Petitioners
Versus
State of Haryana and others .....Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Kuldeep Singh Siwach, Advocate for the petitioners.
Mr. Chetan Sharma, DAG, Haryana.
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KIRTI SINGH, J.(ORAL)
1. The petitioners are seeking a direction to the official
respondents to protect their life and liberty as they apprehend danger from
private respondents.
2. Petitioner No.1 is stated to be of 20 years while petitioner No.2
is more than 16 years and 6 months old. Her date of birth is stated to be
15.09.2007. The petitioners are stated to have sent a representation dated
12.03.2024 (Annexure P-3) to the Superintendent of Police, Fatehabad-
respondent No.4.
3. Issue notice to respondents No.1 to 5 only at this stage. At the
asking of the Court, Mr. Chetan Sharma, DAG, Haryana, accepts notice on
behalf of respondents No.1 to 5.
4. Heard.
5. 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
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28.03.2022) and other connected matters, i.e. CRWP-2140-2022 (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.
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.
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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."
5. 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). The
Superintendent of Police, Fatehabad 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 issued in the case of P...... Minor
Through Vikram versus State of Haryana and another (supra) shall also
be applicable and complied with by all concerned.
18.03.2024 (KIRTI SINGH)
Rajeev (rvs) JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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