2025:JHHC:20909 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No.627 of 2025 ------ Sumit Kumar, son of Bharat Verma, R/o Bharat Complex, Ratu Road, near Kabristan, P.O., G.P.O. & P.S. Sukhdeonagar, District Ranchi. … … Petitioner Versus 1. The State of Jharkhand. 2. Nidhi Rani, W/o Sumit Kumar, D/o Late Munil Ram, R/o H. No.85, Saket Nagar Satyu Marg No.1, P.O. + P.S. Doranda, District Ranchi. … … Opposite Parties ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner : Mr. Gopal Krishna Sinha, Advocate Ms. Priyanka Boby, Advocate Ms. Chanchal Chhaya, Advocate Mr. Vaibhav Joshi, Advocate For the Respondents : Mr. Prabhu Dayal Agrawal, Advocate Mr. J.N. Upadhyay, Advocate ------ 05/ 29.07.2025 After some argument, learned counsel representing the petitioner submits that the order which has been challenged in this case i.e. order dated 17.01.2025, passed by the Principal Judge, Family Court, Ranchi, is an ex-parte order. He submits that the notice was not served upon him, thus he did not have any knowledge about the said proceeding. Since the order is ex-parte, he could not file any statement nor could produce any evidence to suggest that his income is much less than the amount fixed by the learned Principal Judge, Family Court, Ranchi, as maintenance. He lastly submits that he may be permitted to withdraw this application to file an appropriate application under proviso of Sub Section (2) of Section 145 of the BNSS to recall the ex-parte order. 2. Learned counsel representing the opposite parties submits that the order is justified and the petitioner knowingly has not appeared before the Court. He also denied the submission of 2025:JHHC:20909 2 the petitioner that the salary of the petitioner is less than Rs.10,000/.- 3. Considering the submission of the petitioner, this application is allowed to be withdrawn, with a liberty to the petitioner to file an appropriate application in terms of proviso of Sub Section (2) of Section 145 of the BNSS. If such application is filed along with the application under the Limitation Act, the Family Court will consider that the instant criminal revision was filed on 18.03.2025 before this Court and was pending till today. 4. Accordingly, this Criminal Revision Petition stands dismissed as withdrawn with the liberty to file application to recall the ex-parte order. (ANANDA SEN, J.) Prashant.Cp-3