Om Prakash Birendra v. State Govt. Of NCT Of Delhi And ORS.

$~53 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C.

1836/2025, CRL.M.A.

8280/2025 & CRL.M.A. 8282/2025 OM PRAKASH BIRENDRA .....Petitioner Through:

Mr. Manish Choudhary, Adv.

versus STATE GOVT. OF NCT OF DELHI AND ORS.

.....Respondents Through:

Ms. Kiran Bairwa, APP for the State.

SI Vandana, PS Madhu Vihar.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 19.03.2025 CRL.M.A. 8281/2025 (seeking exemption from filing certified copy of annexures) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

CRL.M.C. 1836/2025, CRL.M.A. 8280/2025 & CRL.M.A. 8282/2025 3.

The petitioner is aggrieved with directions for issuance of warrants by the learned Trial Court by order dated 10.02.2025. 4.

The learned Counsel for the petitioner submits that the petitioner had appeared through video conferencing, however, it has been erroneously recorded that he had not appeared despite directions.

5.

He further submits that the execution sought by Respondent No. 2 is of the order of interim maintenance dated 16.07.2022, whereas the maintenance petition itself had been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2025 at 14:31:03

dismissed on 02.12.2024. He submits that pursuant to the dismissal of the maintenance petition, the petitioner is not liable to pay any maintenance. He submits that he placed all the facts before the learned Executing Court in the objection filed by him. 6.

He further submits that the petitioner will appear in person before the learned Executing Court on the date as may be fixed by this Court and will not seek any adjournment. 7.

The petitioner appears through video conferencing and undertakes that he will appear in person before the learned Executing Court on the next date of hearing and will not seek any adjournment.

8.

The petitioner is bound by his undertaking.

9.

In view of the above, this Court considers it apposite to dispose of the present petition without issuing any notice to Respondent No. 2, since that would only cause unnecessary delay in the proceedings.

10.

In view of the aforesaid the petition is allowed and the order dated 10.02.2025 is set aside to the extent of issuance of warrant against the petitioner.

11.

As undertaken by the petitioner, he is directed to appear before the learned Executing Court on 07.04.2025. The learned Court is directed to pass an appropriate order after hearing the learned counsel for the petitioner.

12.

The petition stands disposed of in the aforesaid terms. Pending applications also stand disposed of.

AMIT MAHAJAN, J MARCH 19, 2025/DU The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2025 at 14:31:03