Thoppani Sanjeev Rao v. National Commission For Protection Of Child Rights (Ncpcr) And ORS

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3064/2024 THOPPANI SANJEEV RAO .....Petitioner Through:

Ms. Thoppani Sonia, Advocate with Petitioner in person versus NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS (NCPCR) AND ORS .....Respondents Through:

Mr. Abhaid Parikh and Ms. Garima Sardana, Advocates

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 18.03.2025 [Physical Hearing/Hybrid Hearing (as per request)] CRL.M.A. 2729/2025 (not to condone the condonation application) 1.

In view of order dated 29.01.2025 whereby the predecessor bench has already condoned the delay of 20 days in filing reply, which order was passed in presence of counsel for petitioner, this application has become infructuous, so dismissed.

W.P.(CRL) 3064/2024 2.

The petitioner wants to challenge maternity of the child on the ground that there was no cohabitation because of medical issues of wife of petitioner. Firstly, wife of petitioner has not been impleaded as a party. Secondly, the petitioner raises questions of fact for which full fledged trial would be required, which cannot be carried out in writ proceedings. Further, challenging the paternity or maternity of a child has serious effects on rights 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 19/03/2025 at 12:23:07

of the child, so such challenges must be dealt with absolute caution after examining the detailed evidence.

3.

At this stage, learned counsel for petitioner on instructions of petitioner present in court room seeks permission to withdraw this petition. Accordingly, the petition is dismissed as withdrawn. GIRISH KATHPALIA, J MARCH 18, 2025/rk Click here to check corrigendum, if any 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 19/03/2025 at 12:23:07