Dismissed
Amar Pal Singh v. State of U.P. and Another
Allahabad HCCRLP/17834/2010
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. WRIT PETITION No. -…
What the court decided
AI extract
Case :- CRIMINAL MISC. WRIT PETITION No. -…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 28
Case :- CRIMINAL MISC. WRIT PETITION No. - 17834 of 2010
Petitioner :- Amar Pal Singh Respondent :- State Of U.P. & Another Counsel for Petitioner :- K.K. Shangloo Counsel for Respondent :- Govt. Advocate,V.P.Mishra
Hon'ble Umesh Chandra Tripathi,J.
List has been revised.
None is present to argue the case.
This petition has been filed to quash the judgment and orders dated 25.8.2010 passed by the Additional Sessions Judge, Court No.1, Bulandshahr in Criminal Revision No.435 of 2009, Amar Pal Singh Vs. Smt. Suvidha and 31.10.2009 passed by the Judicial Magistrate, 1st, Bulandshahr in Misc. Case No.734 of 2009, Smt. Suvidha Vs. Amar Pal Singh. Vide order dated 31.10.2009 application of Smt. Suvidha under Section 125, Cr.P.C. was allowed and her husband Amar Pal Singh was directed to pay maintenance of Rs.1,500 per month from the date of order. Petitioner Amar Pal Singh has preferred Revision No.435 of 2009, Amar Pal Singh Vs. Smt. Suvidha against this order, which was rejected vide order dated 25.8.2010 passed by Additional Sessions Judge, Court No.1, Bulandshahr.
Brief facts of the case are that Smt. Suvidha was married with petitioner Amar Pal Singh on 17.6.1998. She was subjected to cruelty and harassed for demand of dowry at her matrimonial home. On 24.10.2008 at 5.30 a.m. she was brutally assaulted by her husband and in-laws and compelled to leave her matrimonial home. Since then she is living in her parental home. She has no means to maintain herself. Her husband Amar Pal Singh is driver in a private company. He is drawing salary of Rs.9,000/- per month and is also earning Rs.4,000/- per month from agriculture and Rs.2,000/- per month from selling the milk.
On the basis of evidence learned Magistrate has passed the impugned order.
The petitioner Amar Pal Singh has admitted this fact that he is a minimal labour. On the basis of admission learned
Magistrate has ascertained his per month income Rs.3,000/- or Rs.3,500/-. The impugned judgment and order passed by the learned Magistrate is based on evidence and is not perverse. I find no infirmity or illegality in the impugned orders passed by the courts below.
Accordingly, writ petition is dismissed.
Order Date :- 24.5.2018 T. Sinha
Amar Pal Singh
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court