W.P.(CRL)/2568/2019 of SONIA Vs STATE

IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 2568/2019

SONIA

..... Petitioner

Through Mr Aditya Aggarwal, Mr Amit Rana,Ms Ruchika Yadav, Advocates.

versus

STATE

..... Respondent

Through Ms Shivani Sharma, Ms Richa Kapoor,ASC for State.Insp. Domnia Puty, P.S. P. Vihar.

CORAM:HON'BLE MR. JUSTICE VIBHU BAKHRUO R R%13.09.2019

CRL.M.A. 35685/2019

1.Allowed, subject to all just exceptions.2.The application is disposed of.2.The application is disposed of.

W.P.(CRL) 2568/2019

3.The petitioner has filed the present petition, inter alia, praying thatdirections be issued to the SHO, P.S. Paschim Vihar (West), to incorporatereference to the offence under Section 75 of the Juvenile Justice (Care andProtection of Children) Act, 2015 in FIR No. 0328/2019 in addition toreference to Section 376 of the Indian Penal Code, 1860 and Section 6 of theProtection of Children from Sexual Offences Act, 2012 registered at P.S.Paschim Vihar (West), Delhi on 19.07.2019.

4.The petitioner had filed the FIR in question in respect of offences

allegedly committed on her minor daughter (hereafter referred to as ‘thechild’). She had reported that the child had returned back home from schooland complained of pain in her private region. She had also expresseddifficulty in urinating. The child was then taken to doctor and thepetitioner claims that the doctor had diagnosed that there has been somemischief with the private part of the child.

5.The petitioner, thereafter, took the child to the said school and met theprincipal. Although there are CCTV cameras installed in the said school, thesame did not have any footage. The child had pointed to person who wasworking as cleaner at the said school. In this context the petitioner hadrequested that necessary action be taken.

6.A plain reading of the FIR in question indicates that it is thepetitioner’s case that her child has been violated by the cleaner working inthe school. The petitioner’s allegations are yet under investigation.

7.The petitioner has filed the present petition, essentially, to seek thatallegations pertaining to the offence under Section 75 of the Juvenile Justice(Care and Protection of Children) Act, 2015 be added against the principalof the school and the class teachers of the child’s class. According to thepetitioner, the FIR, as filed, clearly discloses the said offence.

8.This Court is not persuaded to accept the aforesaid contention. Thequestion whether any offence was committed in respect of the child is underinvestigation. The FIR in question itself contains no allegation that either theclass teachers or the principal of the said school had assaulted, abandoned,abused, exposed or wilfully neglected the child or caused the child to beassaulted, abandoned, abused, exposed or neglected in manner likely tocause the child unnecessary mental or physical suffering.

9.Thus, the prayer as sought by the petitioner cannot be acceded to atthis stage.

10.Having stated the above, it is clarified that if during investigation it isfound that the principal, any teacher, or any other staff of the said school hasany involvement in the commission of the offence under Section 75 of theJuvenile Justice (Care and Protection of Children) Act, 2015, necessaryaction, including charging the persons responsible for the said offence, shallbe taken.

11.The petition is dismissed with the aforesaid observations.

12.Order dasti under signatures of the Court Master.

SEPTEMBER 13, 2019pkv

VIBHU BAKHRU, J