TAMNNA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the instant petition filed under Articles 226/227 of the Constitution of India, is for issuance of directions to the official respondents to protect the life and personal liberty of the petitioner and her friend by providing adequate security/police protection and also directing private respondents No.4 to 7 not to interfere in the personal life and liberty of the petitioner.

(2.) Learned State counsel has filed the status report by way of an affidavit of Dharambir Singh, Deputy Superintendent of Police, City Jind, District Jind, on behalf of respondents No.1 to 3, in Court today. Same is taken on record, subject to all just exceptions. Office to tag the same at appropriate place.

(3.) As per the status report, an inquiry was conducted by the SHO, Police Station City Jind. During the inquiry, it came to the fore that the petitioner, who is a minor went missing at about 2:00 A.M. on 5/12/2021. Soon thereafter, respondent No.4 i.e. the father of the petitioner filed a case FIR No. 604, dtd. 6/12/2021, under Sec. 363, 366 of IPC, at Police Station City Jind, against unknown persons. On 8/12/2021, the petitioner was recovered from Delhi bye-pass, Rohtak and it was found that she had left the house of her own accord. Resultantly, a cancellation report was prepared on 2/1/2022, which has not yet been filed before the Court concerned. However, on 12/1/2022, the petitioner again went missing from her house and a complaint was yet again made by respondent No.4 leading to the registration of another case i.e. FIR No. 12, dtd. 12/1/2022, under Ss. 363, 366 of IPC, at Police Station City Jind. In the said FIR, the complainant i.e. respondent No.4, specifically named Tushar son of Subhash i.e. the person, through whom the petitioner has filed the present petition, as her next friend. Thereafter, on 11/2/2022, on being recovered, the petitioner got recorded her statement under Sec. 164 Cr.P.C., wherein, she yet again stated that she had left her house of her own accord and she did not want to reside with her parents. After, she had been subjected to medico legal examination, she was sent to the Kalam Bal Ashram, Jind. On 21/2/2022, vide letter No. 4996/CWC/Jind, dtd. 21/2/2022, the Chairman, Child Welfare Committee, Jind, informed that the mother of the petitioner had submitted an application for her medico legal examination and the petitioner too had given her consent in the said regard. The petitioner was medico legally examined. Still further, a detailed inquiry was carried out including the statement of the mother of the petitioner was recorded under Sec. 161 Cr.P.C., wherein, it was alleged that Tushar s/o Subhash was the real culprit and on the basis of her statement, offence under Sec. 18 of the POCSO Act, was added in the FIR, which already stood registered against Tushar son of Subhash. In March, 2022, the minor petitioner along with her mother went to Rajpura to her maternal uncle's home. She again went missing from there, as a result of which, FIR No. 149, dtd. 1/4/2022, under Sec. 346 of IPC, was registered at Police Station Sadar Jind, at the instance of the petitioner's maternal uncle, wherein, Tushar son of Subhash, was named. Learned State counsel submits that the petitioner, who is minor, is in the illegal custody of Tushar son of Subhash and the latter is wanted by the police in the criminal cases, which stand registered against him.