Sarvesh Devi And Another vs Superintendent Of Police, Rudrapur, District U.S. Nagar And Others

Sanjaya Kumar Mishra, J

1) In this case, the petitioners, have prayed for the following reliefs : -

i) Issue a writ or direction in the nature of mandamus commanding the respondent Nos. 1 and 2 to provide adequate security to the petitioners, and the respondent No. 3 be also directed not to interfere in the peaceful life of the petitioners and not to make any harassment, in any way.

iii) Pass any other order which this Hon’ble court may deem fit and proper under the circumstances of the case.

2) When the matter came before us on 04.03.2022, we found that the petitioner No. 2 is a minor girl, and the petitioner No. 1 is not her guardian. Therefore, we passed the following order:

It is apparent from the face of the record that the petitioner no. 2 is a minor and she has left her father’s house because she is complaining that her father bent upon in doing her marriage during here minority but at the same time, the petitioner no. 1 could not give shelter to the petitioner no. 2 a minor in her house.

In that view of the matter, we direct the learned Deputy Advocate General to arrange a proper police escort consisting of female personnel to escort the minor – petitioner no. 2 forthwith but not later than 24 hours before Child Protection Committee formed under the Juvenile Justice (Care and Protection of Children) Act, 2015 for the District Udham Singh Nagar on protection of the minor. Child Protection Committee shall immediately assess the situation and pass appropriate order as it may deems just and proper.

In the interregnum, the Senior Superintendent of Police, Udham Singh Nagar shall depute a competent police officer to examine the inmates of the house of the petitioner no. 1 and also travel to the house of the respondent no. 3 and collect materials regarding the complaint made by the petitioner no. 2.

3) In pursuance thereof, the minor girl was produced before the Child Welfare Committee, Udham Singh Nagar. The Committee, in the interregnum, put the minor girl in the custody of a short stay home, and initiated enquiry. In course of such enquiry, the minor girl was examined, and in her examination she stated before the Child Welfare Committee that she wants to go back to her parents as per her own desire and sweet will, and that she had committed a mistake by leaving her parental house without informing her parents. However, the Child Welfare Committee has yet not taken a decision regarding custody of the minor girl because of the pendency of the writ petition.

4) In that view of the matter, we hereby dispose of the writ petition directing the Child Welfare Committee, Udham Singh Nagar, to immediately take a decision regarding the welfare / custody of the child as per the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015, without any further delay.

5) The original instructions received by the Deputy Advocate General, Mr. J.S. Virk, be kept on record.

6) Let a fee copy of this order be immediately handed over to Mr. J.S. Virk, the learned Deputy Advocate General for the State of Uttarakhand, forthwith.

7) Urgent copy of this order be supplied to the learned counsel for the parties, as per Rules, during the course of the day.

8) With the direction as above, the writ petition stands disposed of.