Rakesh Tiwari, J. - (1.) -Heard learned counsel for the applicants and the learned A.G.A. for the opposite parties.
(2.) APPLICANT No. 1 is an advocate of District Mirzapur, who claims to have married respondent No. 3, Kiran. It is alleged that the parents of the girl took away the girl from him and as such he filed a Habeas Corpus Writ Petition No. 463 of 2002, Smt. Kiran v. S.S.P., Mirzapur and others. On the directions of the Court, Kiran appeared and made a statement that she never married with Pralay Ranjan Bhattacharya. She also made a statement before the Court that she had not been detained by her parents against her will. Her statement was recorded on 24.1.2003, before this Court, which is as under : "The petitioner Kiran is present in the Court. She has been produced in the Court as per direction of the Court by respondent Nos. 3 and 4. She told me that she is living with her mother and father and she is aged about 21 years. She has stated that she was never married with Pralay Ranjan Bhattacharya. She has also stated that she has not been detained by her parents (respondent Nos. 3 and 4) against her will. She has also stated that she is staying with her parents on account of her sweet will. Accordingly, she has not been detained by respondent Nos. 3 and 4 and she is free to go anywhere. Now she need not appear before the Court. Rejoinder-affidavit, if any, may be filed within two weeks. List thereafter. Sd. K. N. Sinha, J. 24.1.2003." An F.I.R. was lodged by Km. Kiran Devi on 3.3.2003 at 10.30 p.m. at police station Chunar, district Mirzapur under Sections 467/468/ 471/420/506, I.P.C. for filing false papers showing marriage of her with applicant No. 1 and extending threats to her life. In the first information report it is alleged by Kiran Devi that the applicant No. 1 has got her signature on the blank paper on the pretext that he will get the Form of LL.B. filled in for her regarding Entrance test and he has also got a forged and fabricated marriage certificate prepared which is alleged to have been given by the Marriage Officer, Mirzapur. It is alleged in the F.I.R. that the Marriage Officer, Mirzapur, has denied in respect of giving of marriage certificate. Relevant statement made by Kiran Devi in the F.I.R. is as under : ...[VERNACULAR TEXT OMMITED]... During the course of investi-gation, this application under Section 482, Cr. P.C., has been filed praying for stay of criminal proceedings of Case Crime No. 153 of 2003, under Sections 467, 468, 471, 420 and 506, I.P.C., P.S. Chunar, district Mirzapur. This application under Section 482, Cr. P.C. has been filed by the applicants during the course of investigation. Since no proceedings are pending before any Court, the application is misconceived.
(3.) LEARNED counsel for the applicants submits that the procedure prescribed in Section 340, Cr. P.C. has not been followed. Since no proceedings are pending before any Court, at present Section 340, Cr. P.C. will not apply in this case. LEARNED counsel for the applicants, however, contends that the girl has married with applicant No. 1 with her sweet will and she has also written several letters to applicant No. 1. The applicant No. 1 is innocent in the matter. Till the matter is decided by the Court it cannot be said that the applicant is guilty or not and whether he has got prepared forged documents or not. In view of the aforesaid reasons, the court below is directed that in case the applicants appear and move bail application in Case Crime No. 153 of 2003, under Sections 467/468/471/420 and 506, I.P.C. P.S. Chunar, district Mirzapur before it, their bail application shall be considered expeditiously, if possible on the same day in the light of the observations made above in the body of the judgment. Petition disposed of accordingly.;