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2024 Supreme(All) 892

SHAMIM AHMED
Amit Kumar Singh – Appellant
Versus
Gola – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Rajeev Singh, Akhilesh Kumar Mishra, Alok Singh, Vijay Kumar
For the Opposite Party :Govt. Advocate, Anurag Singh Chauhan

Judgement Key Points

No, the provided legal document does not address or support any proposition regarding a wife's entitlement to maintenance after 15 years of marriage.

This judgment pertains exclusively to a criminal application under Section 482 Cr.P.C. seeking to quash proceedings under IPC Sections 323, 505, 506, 420 and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989. It focuses on issues such as the absence of public view for alleged incidents (!) (!) , lack of intent to humiliate based on caste (!) (!) , mechanical issuance of summons without judicial scrutiny (!) (!) , and contradictions in the complaint and statements (!) (!) (!) . There is no discussion of matrimonial law, maintenance rights, duration of marriage, or family disputes involving spouses. No provisions related to maintenance (e.g., under Cr.P.C. or personal laws) are referenced or analyzed.


JUDGMENT :

Hon'ble Shamim Ahmed, J.

1. Heard Sri Vijay Kumar, learned counsel for the applicant, Sri Anurag Singh Chauhan, learned counsel for the opposite party no.1 and Sri Ashok Kumar Singh, learned A.G.A.-I for the State Opposite Party No.2 as well as perused the record.

2. The instant application under Section 482 Cr.P.C. has been moved on behalf of the applicant, namely, Amit Kumar Singh with a prayer to quash the impugned order dated 29.05.2009 passed in Criminal Case No.897 of 2008 (Gola Vs. Ambar Singh and Others), under Sections 323, 505, 506, 420 I.P.C. and Section 3(2)(v) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Banthra, District Lucknow pending in the court of learned Special Judge, C.B.I., Lucknow.

3. Learned counsel for the applicant submitted that the applicant is a student of Hotel Management studying in Meridian International Hotel School, Sydney, Australia and the entire family of the applicant is law abiding and living peacefully.

4. He further submitted that some persons belonging to the pedigree of the applicant are jealous with the success of the family of the applicant as the elder brother of the applicant

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