High Court quashed Child Welfare Committee orders directing mother to produce children again, holding they fell within Section 31 custody definitions, not Section 2(14).
CWC orders Nos. 653 and 654 quashed; Respondent No. 3 directed to keep vigil for petitioners' safety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2555/2019
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Harendra Singh Sinsinwar with Mr. Jaswant Rathore For Respondent(s) : Mr. Mukesh Kumar, PP For Complainant(s) : Mr. Vinod Kumar Sharma
(2 of 3)
[CRLMP-2555/2019]
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
13/09/2019
2 It is contended by counsel for the petitioners that petitioner Nos.1 and 2 are sons of the petitioner No.3. Petitioner No.3 left her house and she was subjected to ill-treatment by her husband Raghunandan Galav respondent No.4. It is also contended that as per the directions of the High Court, statement of petitioner was recorded under Section 164 Cr.P.C. At that time police produced her children i.e. petitioner Nos.1 and 2 before CWC and CWC has passed order dated 05.04.2019 whereby custody of children have been given to the petitioner No.3. It is also contended that producing the children before CWC handed over to the mother i.e. petitioner No.3 as exercise of petitioner Nos.1 and 2 was due. CWC directed petitioner No.3 to produce petitioner Nos.1 and 2 before CWC on 19.04.2019.
(3 of 3)
[CRLMP-2555/2019]
ascertain will of petitioner Nos.1 and 2, hence, summoning of petitioners by the CWC cannot be said to be bad in law.
(PANKAJ BHANDARI),J
HEENA/55
3 issues framed by the court
Whether children in custody of mother fall within definition of child needing care and protection under Section 2(14) of Juvenile Justice Act, 2015.
Whether production of children before Child Welfare Committee under Section 31 is mandatory after they are already in custody of their natural guardian.
Validity of CWC order directing mother to produce children again for welfare assessment.
3 provisions across 2 enactments
Master Govind Son Of Shri Raghunandan
Master Krishan Gopal S/o Shri Raghunandan
Sunita Tyagi
State Of Rajasthan
Superintendent Of Police, District Baran
Raghunandan Galav
Pankaj Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
