IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Revision No.98 of 2001 Date of decision 31.7.2008 Om Parkash Petitioner Versus Smt. Santosh Devi & anr. Respondents Coram: The Hon’ble Mr.Justice R.B. Misra, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Rakesh Jaswal, Advocate. For the Respondent: Mr.G.D.Verma, Sr. Advocate along with Mr. B.C. Verma, Advocate. R.B. Misra, J.(Oral) Heard. 2. Shri Rakesh Jaswal, learned counsel for the petitioner on the instructions received, has prayed for, to withdraw revision petition. 3. However, Mr. G.D. Verma, learned senior counsel for the respondents has submitted that the amount awarded vide order dated 8.3.2001 by the Chief Judicial Magistrate, Solan in petition No. 40/4 of 96 in favour of Smt. Santosh Devi and Manoj Kumar directing payment of Rs. 400/- per month as maintenance to Smt. Santosh Devi and Rs. 500/- per month as maintenance to Manoj Kumar from 19.12.1996 have not been continuously made. Though, there was interim order dated 23.8.2001 that the petitioner Shri Om Parkash was supposed to deposit 50% of the upto date arrears of maintenance in the Court within four weeks from 23.8.2001 and the petitioner/revisionist was directed to continue to deposit 50% of the monthly maintenance by 10th of the each month. 4. According to Mr. Verma learned senior counsel for the opposite party, even 50% of the amount is not being deposited continuously towards the maintenance in view of the order dated 23.8.2001. 1 Whether reporter of local papers are allowed to see the judgment ? 2 5. In these circumstances the petitioner has to be allowed to withdraw the revision petition as prayed for with a condition that he be directed to deposit the entire amount of arrear and has to deposit the full amount of maintenance from today and onwards through the Head of the department of Police establishment. 6. Therefore, in the interest of justice, the criminal revision is being allowed to be withdrawn, provided that the petitioner shall deposit all the arrears in view of order dated 23.8.2001 passed by this Court, if earlier not deposited and after withdrawal of the present revision petition. For the purpose of depositing the current maintenance in view of order dated 8.3.2001 of the Chief Judicial Magistrate, the deduction of Rs. 900/- has to be made from the salary of Shri Om Parkash (stated to be deployed as Head Constable in the office of the Superintendent of Police, District Kinnaur). The said SP of district Kinnaur is directed to give a specific direction at present and to indicate for future where the petitioner is/will be deployed from time to time so that, the payment of Rs. 400/- may be payable to Smt. Santosh Devi deducted from the salary of Sh.Om Parkash and be remitted to the saving bank account opened by her. Rs. 500/- shall be deposited in the account opened by Mr. Manoj Kumar son of Mr. Om Parkash till the time he attains majority. In respect of arrears for both shall be deposited within one year by remitting the same in the respective bank accounts of the respondents and the Superintendent of Police, Kinnaur shall ensure that such payment of arrears amending from the order dated 8.3.2001 in Petition No. 40/4 of 96 passed by Chief Judicial Magistrate, Solan be complied with 8. Copy of this order may be given to the learned counsel for the parties and a separate copy of this order may be sent by Registry of this Court to the Director General of Police and DIG Police Head Quarters, Shimla (HP). Both the respondents shall open the account in any Nationalized Bank and would indicate the exact amount of arrears specifying the amount already received/deposited from Sh.Om Parkash, strictly in accordance to the order 8.3.2001 passed by the learned Chief Judicial Magistrate, Solan and the same 3 shall be brought to the notice of SP, Kinnaur, so that, the amount could be realized from Shri Om Parkash the petitioner/revisionist. 9. In view of the above observation, the Revision Petition is allowed to be dismissed as withdrawn. (R.B. Misra) J. July 31st, 2008 (vs)