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High Court of Himachal Pradesh · body

2025 DAILYLAW 15202 (HP)

YAMAL SWAROOP v. MASTER AKSHAY KUMAR

CRMP/2907/2024 · 2025-03-05

Virender Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Yamal Swaroop Vs. Master Akshay Kumar Cr. MP No.2907 of 2024 in Cr. Revision No.226 of 2002 05.03.2025 Present: Mr. Ankit Dhiman, Advocate vice Mr. H.C. Sharma, Advocate for the applicant. By way of the present application, a prayer has been made to release the amount of maintenance, which has been deposited by non-applicant Yamal Swaroop, in pursuance of the order dated 22.12.2003, passed by this Court in Cr.MP No.648 of 2003. 2. Criminal Revision Petition No.226 of 2002, has been disposed of on 7.8.2008, by issuing a direction to the Registry that the amount, lying deposited with it, shall be put in fixed deposit, in the name of Master Akshay Kumar and shall not be released to anyone without obtaining prior order from this Court. 3. Now, by way of the present application, a prayer has been made to release the said amount in favour of the applicant. 4. When the main petition was pending, applicant Akshay Kumar was minor. Now, as per the application, he has attained the age of majority. As per the matriculation certificate annexed with the application, his date of birth is 11.08.1999. 5. In para 3 of the application, it has specifically been mentioned that non-applicant/petitioner neither challenged the paternity before the Civil Court nor made any attempt to do any kind of act in this behalf. As such, according to the applicant, the order passed by the learned trial Court has attained finality. 6. Notices of this application were issued to non-applicant Yamal Swaroop. Despite service of notice, he has opted not to put appearance before this Court. As such, it can be assumed that he has nothing to say against the contents of the application. 7. Considering the said fact, the application, under consideration, is allowed and the amount, lying deposited in the Registry, along with upto date interest, is ordered to be released to the applicant, by remitting the same to his Bank account, particulars whereof find mentioned in para 4 of the application, as well as, Annexure A-2, annexed with the application. The application stands disposed of. (Virender Singh) Judge March 05, 2025 (ps)