Disposed

Nainsi Minor v. State of U.P. and 5 Others

Allahabad HC14 Aug 2024CRLR/3505/2024

Case brief

AI extract

What is this about?

The High Court disposed of a criminal revision filed by a minor victim’s grandmother challenging an order by the Child Welfare Committee placing the victim and her newborn baby in a shelter. The court found calling for counter-affidavits would cause delay and directed the petitioner to approach the Committee directly with a representation.

What did the court decide?

The revisionist directed to move an appropriate application before the Child Welfare Committee, Saharanpur, raising her grievances.

Nainsi Minor vs State of U.P. and 5 Others — Child Custody and Guardianship | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:132298

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Court No. - 84

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Case :- CRIMINAL REVISION No. - 3505 of 2024

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Revisionist :- Nainsi Minor Opposite Party :- State Of U.P. And 5 Others Counsel for Revisionist :- Akash Pundir,Pawan Singh Pundir Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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1-Heard learned counsel for the revisionist, Mr. Deepak Mishra, learned Additional Government Advocate assisted by Ms. Pratiksha Rai, learned Brief Holder for the State of U.P. and perused the record.

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2-The instant criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionist-Nainsi (Minor) through her maternal grandmother, namely, Narmila w/o Ashok against the order dated

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24.05.2024 पततत्रांक ससी०- / बत०क०स०/सरत्रांक्षण / 2024 - 25 ददिननॉक 24-5-2024 and order dated 25.05.2024 पततत्रांक ससी०-1037-39 / बत०क०स०/2024-25 passed by Child Welfare Committee, Saharanpur whereby a direction has been given to keep the victim, who is minor child, in बतल गगृह : बतललकतकाः पपुष्पतत्रांजलल दविहतर जनपदि ररोड सहतरनपपुर (hereinafter referred to as 'Bal Grah').

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3-The main substratum of argument of learned counsel for the revisionist is that earlier on 06.07.2023, victim was given in the custody of her mother Smt. Santosh but on 31.01.2024, victim's mother gave an application informing that the victim has again left her house and has gone with the accused-Suraj Kumar @ Suryakant. Thereafter, victim was recovered by the investigating officer and pursuant to order dated 25.05.2024, she was sent to 'Bal Grah', wherein, she gave birth to a female baby about a month ago but the condition of baby is

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serious and she has been admitted in SBD Hospital, Saharanpur whereas the victim has been kept in 'Bal Grah', therefore, no proper care of the baby is being done in the SBD Hospital, hence, victim's maternal grandmother is entitled to have the custody of the victim as well as her baby.

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4-On the other hand, learned A.G.A. vehemently opposed the submissions of learned counsel for the revisionist by contending that it is a proxy petition. In fact the instant criminal revision has been preferred by the accused-Suraj Kumar @ Suryakant by keeping the maternal grandmother of the victim at front and the accused-Suraj Kumar @ Suryakant became deponent in this case. He next submits that the maternal grandmother of the revisionist never gave any application before Child Welfare Committee, Saharanpur for ventilating her grievances, who is a competent authority to consider the affairs relating to the victim's and her baby.

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5-Having heard the submissions of learned counsel for the parties and perusing the record, I find that on issuing notice to the opposite parties and inviting counter affidavit will cause delay in deciding the instant criminal revision, therefore, this Court feels it appropriate to direct the revisionist to move an appropriate application raising all her grievances/prayer before Child Welfare Committee, Saharanpur.

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6-Accordingly, the revisionist (through maternal grandmother of victim) is directed to move an appropriate representation before the opposite party no. 5/Child Welfare Committee, Saharanpur. In case such a representation is moved by the revisionist, the same shall be considered and decided by the Child Welfare Committee, Saharanpur in accordance with law after giving an opportunity of personal hearing to the mother and maternal grandmother of

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the victim as well as the victim within three days' after moving such representation by the revisionist.

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7-With the aforesaid observations and directions, the instant criminal revision stands disposed of .

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Order Date :- 14.8.2024 Saurabh

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Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad

Nainsi Minor v. State of U.P. and 5 Others

Case brief

What is this about?

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Nainsi Minor v. State of U.P. and 5 Others

Case brief

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What did the court decide?

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