RAKESH TIWARI, J. - (1.) HEARD Sri S.P. Mishra, learned counsel for the applicants, Sri Karuna Nand Bajpai, learned A.G.A. for the respondents and perused the record.
(2.) THIS application under Section 482 Cr. P.C. has been filed by the applicants for quashing of the summoning order dated 21.5.2008 passed by the Judicial Magistrate, Hasanpur, District J.P. Nagar in complaint case no. 123 of 2008, under Sections 451, 504, 506, 323 and 380 IPC, PS Hasanpur, District J.P. Nagar and for stay of the further proceedings in the aforesaid complaint case. From perusal of the impugned summoning order it appears that the same has been passed after hearing and there is an allegation against applicant no.1, Meena wife of opposite party no.2, Rajendra as well as against Seria, Chandia, Hardeo, Bhuria, Smt. Prem, Bhura, Ram Kishan, Desh Raj and Leeladhar alleging that they had gone to the house of opposite party no.2 and beaten him and looted some money. In so far as applicant no.1 is concerned, she is the wife of Rajendra, opposite party no.2 and Criminal Misc. Case No. 75 of 2008, under Section 125 Cr. P.C. is pending before the Court below, therefore, it can not be said that she had looted her own house in which she was living with her husband. The rest of the allegations are regarding abusing and beating of the opposite party by the persons who had come along with her. There is no injury report. The only contention of learned counsel for the applicants is that the allegations have been made against the applicants as a counterblast to her application under Section 125 Cr. P.C.
(3.) IN the facts and circumstances of the case that applicant no.1, Meena is a lady, she may be given the benefit of Section 437 Cr. P.C. while considering her application for bail. After going through the impugned order as well as the record, the Court is not inclined to quash the impugned order exercising its inherent discretionary powers under Section 482 Cr. P.C. as no illegality or infirmity is shown by the applicants in the impugned order. The Court below may consider the bail prayer of the applicants in accordance with law.;