A child must meet specific criteria under the Juvenile Justice Act to be considered in need of care and protection; mere allegations of assault do not suffice without meeting statutory definitions.

JUDGMENT

Deepak Gupta, J.

Petitioner - Master Laksh is a 10 years old child, who has approached this Court through his mother Smt. Minakshi. By way of this petition filed under Section 482 Cr.P.C., petitioner prays to issue direction to respondent No.3 - SHO, Police Station Indri, District Karnal, to register an FIR under Sections 323/506/34 of IPC, besides relevant provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 (Act No.2 of 2016) (hereinafter referred as 'the JJ Act') and to conduct the investigation in a fair and proper manner.

2.1 According to the petitioner, marriage of his mother/guardian Smt. Minakshi was solemnized on 10.07.2011. Petitioner was born on 04.10.2012. Due to matrimonial discord and atrocities on the part of her in-laws, mother of the petitioner started residing at her parental home at Village Khera, Tehsil Indri, District Karnal since 2019.

2.2 It is alleged that on 07.11.2022 at about 8 p.m., when petitioner had gone in the street for an evening walk, his uncles Vikrant (respondent No.6) and Vipin (respondent No.7) gave slaps to him, threatened to kill him and grabbed him by neck with an intention to asphyxiate him. His clothes were also torn. On coming home, petitioner narrated the incident to his mother and also disclosed that on earlier occasions also, family members of respondent Nos.6 and 7 had threatened to kill him if he is seen in the street again. On hearing this incident, mother of the petitioner immediately called the police. On the asking of the police, medico legal examination of the petitioner was conducted in Civil Hospital, Nilokheri.

2.3 Complaint (Annexure P-2) was made to the police. It is alleged that on next date, i.e. 08.11.2022, Priyanka w/o respondent No.6 in order to save respondent Nos.6 and 7 and to put pressure upon the petitioner, made a complaint against Minakshi, the mother of the petitioner. Because of the political clout of respondent No.7, his brother being the President of BJP in Karnal Circle, police authorities did not take any action on the complaint dated 07.11.2022 given to the SHO, Police Station Indri. Mother of the petitioner then approached the Superintendent of Police, Karnal by moving application on 10.11.2022, but instead of registering the FIR against respondent Nos.6 and 7 under the relevant provisions of law, respondent No.6 was simply detained under Sections 107/151 Cr.P.C.

2.4 Mother of the petitioner then moved an application to the Chairman, Child Welfare Committee (CWC), Karnal - respondent No.4, who referred the matter for counselling. Counselling report dated 21.11.2022 was submitted and based thereon, directions were issued by CWC, Karnal, vide memo No.6057 dated 15.12.2022 to the SHO, Police Station, Indri to conduct appropriate proceedings as per law and submit the report. Despite the said order of CWC, no action was taken by SHO, Police Station Indri.

2.5 Under the legal advice, petitioner then submitted an application to the Chairman, Child Welfare Committee, Karnal, i.e. respondent No.4 for passing appropriate orders under the J.J. Act to recommend the matter to the Juvenile Justice Board for issuing directions to respondent No.3 to register the FIR against the private respondents. However, no action was taken by respondent No.4.

2.6 With all these allegations, petitioner has prayed for issuing directions to respondent No.3 to register the FIR under the relevant provisions of law and conduct fair investigation; or in the alternative to pass appropriate orders under Section 37 of the J.J. Act by recommending the matter to respondent No.4 for issuing directions to respondent No.3 to register the FIR and to conduct investigation in fair and proper manner and file the challan in the Court concerned.

3.1 Reply by way of affidavit dated 25.04.2023 of Shri Mukesh Kumar, Deputy Superintendent of Police (Headquarter), Karnal has been filed on behalf of respondent Nos.1 to 3 - State, in which moving of the complaint dated 07.11