SHAILA SAMUEL Vs. PRAVEEN BANU

JUDGEMENT

(1.) Challenge in this revision is to an order made in Crl.M.P.No.1147 of 2013 in C.A.No.206 of 2011 dated 24.09.2014 on the file of the learned 1st Additional Sessions Judge, Chennai, by which the Court below has dismissed the appeal.

(2.) Facts leading to the revision are that Crl.M.P.No.1147 of 2013 has been filed by Praveen Banu, biological parent of Sweety under Section 52(2)(b) of Juvenile Justice (Care and Protection of Children) Act, 2000, to consider the maintainability of the appeal viz., C.A.No.206 of 2011 filed against the order passed by the Child Welfare Committee in File No.4 of 2010, as a preliminary issue. Consequently, she has prayed to dismiss the appeal. Crl.M.P.No.1148 of 2013 has been filed to direct the appellant Ms.Shaila Samuel, to add new members of the Child Welfare Committee as parties in C.A.No.206 of 2011.

(3.) Common averments as summarised are that the appellant Ms.Shaila Samuel is not an aggrieved person by the order made by the Child Welfare Committee in F.No.4 of 2010 dated 10.05.2011 and her involvement in the illegal adoption is clearly mentioned in the order which directed restoration of the child Sweety now named as Asreen Banu, to the petitioner/Praveen Banu, under Sec.39 of Juvenile Justice (Care and Protection of Children) Act, 2000. Praveen Banu / Petitioner in Crl.M.P.Nos.1147 and 1148 of 2013 in C.A.No.206 of 2011 has further contended that due to timely intervention of Child Welfare Committee, child was restored to the mother. Child Welfare Committee unearthed certain facts about, cheating, fraud, trafficking and criminal conspiracy in relation to illegal adoption and directed the Commissioner of Police to initiate action against the appellant Ms.Shaila Samuel, worker of Guild of Service. After receiving DNA test report and after enquiry, Child Welfare Committee held that the child was placed under pre adoptive foster care under Ms.Jemma D'Silva, a senior officer in the department of Social Welfare, illegally. Guild of Service has dismissed Ms.Shaila Samuel, appellant from service. On the above averments, Praveen Banu, biological parent, has prayed for dismissal of the appeal, filed by Ms.Shaila Samuel.