Punjab-Haryana High Court
Vicky Kumar And Another vs State Of Haryana And Others on 19 March, 2024
Author: Kirti Singh
Bench: Kirti Singh
KAPIL
2024.03.19 16:13
CRWP-2539-2024 -1-
2024:PHHC:038940
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
110
CRWP-2539-2024
Date of decision: 19.03.2024
Vicky Kumar and another
...Petitioners
Versus
State of Punjab and others
... Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present:-. Ms. Divya Narula, Advocate for the petitioners.
(Appeared through video conferencing)
38 2k 2k 2k
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 21 years while petitioner
No.2 is 17 years old. Her date of birth is stated to be 26.10.2006. They
both are in live-in-relationship. The petitioners are stated to have sent a
representation dated 12.03.2024 (Annexure P-3) to the Superintendent of
Police, Sirsa-respondent No.2.
3. Issue notice to respondents No.1 to 3 only at this stage.
4, At the asking of the Court, Mr. Chetan Sharma, DAG,
Haryana, accepts notice on behalf of respondents No.1 to 3.
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KAPIL
2024.03.19 16:13
CRWP-2539-2024 - 2-
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 (O&M),
decided on 28.03.2022) and other connected matters, Le. 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 G1] 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 2014)(vijjQxii) of Tuvenile 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.
i. 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,
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Til. 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.
VY. 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.
VIL The Child Welfare Committee constituted under the
Juvenile Justice (Care and Protection of Children) Act 2015,
shall send a cornpliance 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). The Superintendent of Police, Sirsa is directed to depute a Child
KAPIL Welfare Police Officer to produce petitioner No.2 before the Committee
2024.03.19 16:13
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2024.03.19 16:13
CRWP-2539-2024 - 4-
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.
8. However, it is made clear that this order may not be
construed as expression of an opinion on legality and validity of the
marriage of the petitioners.
9. In case any criminal case is pending against petitioner No.1,
this order shall not be any hindrance for the Investigating Agency to
proceed according to law.
(KIRTI SINGH)
JUDGE
19.03.2024
Kapil
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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