Subhash Kumar Singh v. The State (Govt. Of NCT Of Delhi) & ORS.

$~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P.(MAT.) 5/2025, CRL.M.A. 414/2025 (delay), CRL.M.A. 500/2025 (stay) SUBHASH KUMAR SINGH ....Petitoner Through:

Mr. Tej Pratap, Advocate.

versus THE STATE (GOVT. OF NCT OF DELHI) & ORS....Respondents Through:

Mr. Satinder Singh Bawa, APP for the State with Inspector Sandeep Rathi, PS Madhu Vihar, East Delhi.

Respondent No. 2 in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 10.01.2025 CRL.M.A. 413/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

CRL.REV.P.(MAT.) 5/2025 3.

The Criminal Revision Petition under Section 438 read with 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') erstwhile (under Section 397 read with Section 482 of the Code of Criminal Procedure, 1973) has been filed on behalf of the Petitioner, for setting aside the ex-parte impugned Order dated 08.02.2024 and Judgment dated 01.03.2024 vide which in the Petition under Section 125 Cr.P.C., Rs.30,000/- per month has been granted as maintenance, to Master Aayan Pratap Singh, the son of the Petitioner.

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 24/01/2025 at 13:02:19

4.

After some arguments, learned counsel for the Petitioner, seeks permission to withdraw the present Revision Petition but submits that there is an Execution Petition filed in respect of the impugned Order wherein the Decree Holder/Respondent/wife is claiming that there are arrears of about Rs.9,00,000/- while according to the calculation of the Judgment Debtor/ Revisionist, about Rs.1,96,000/- balance remains to be paid since he had been regularly paying to the son, the sum of about Rs.15,500/- per month, for his educational expenses.

5.

Considering the submissions made, the Criminal Revision Petition is permitted to be withdrawn. The Petitioner is at liberty to make the submissions in regard to his calculation of the outstanding amount and the learned Trial Court may consider the calculations of both the parties and pass the requisite orders. Till the date of appearance before the Executing Court, the warrants, if any, issued against the Petitioner, are hereby stayed. 6.

The Criminal Revision Petition is disposed of accordingly along with the pending Applications.

NEENA BANSAL KRISHNA, J JANUARY 10, 2025/RS 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 24/01/2025 at 13:02:19