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by Admin
07 May 2024 2:49 AM
In a significant judgement, the Punjab and Haryana High Court dismissed a petition filed for the registration of an FIR under various sections of the IPC and the Juvenile Justice (Care and Protection of Children) Act, 2015. The case, titled Master Laksh (CNCP) v. State of Haryana and others, dealt with the alleged physical abuse and threats against a minor.
The court delved into the applicability of the Juvenile Justice Act, assessing whether the petitioner, a minor, fell under the definition of ‘child in need of care and protection’ as per the Act.
The petitioner, a 10-year-old child, through his mother, alleged physical abuse and threats by his uncles. The police, after investigation, deemed the allegations false, leading the petitioner to approach the High Court under Section 482 Cr.P.C. for directions to register an FIR.
Justice Deepak Gupta, presiding over the case, meticulously analyzed the definitions under the Juvenile Justice Act. The Court observed, “It is held that the case of petitioner, in the facts and circumstances of this case, does not fall within the scope of ‘child in need of care and protection’.” The Court also noted that the complaints were investigated and found to be baseless.
The judgment highlighted the nuances of the Juvenile Justice Act, particularly the definitions of ‘child in conflict with law’ and ‘child in need of care and protection’. The Court also referenced the Supreme Court’s interpretation of these definitions in the case of “Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of India & Ors.”
The Court dismissed the petition, stating, “Having regard to all the aforesaid discussion, no direction is required to be issued to any of the official respondents.” However, it allowed the petitioner the liberty to seek alternative remedies in accordance with the law.
Date of Decision: January 30, 2024
Master Laksh (CNCP) v. State of Haryana and others
