HARISHANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition under Section 482 of Cr. P. C. has been filed by the applicants Harishankar and Chotelal whose application under section 468 of Cr. P. C. (hereinafter referred to as "code") was dismissed by J. M. F. C. Begumganj, Raisen in Regular Trial no. 73/2007. Further applicants has prayed that F. I. R. dt. 9. 10. 2006 and R. T. No. 73/07 pending before JMFC, Begumganj under section 224 of I. P. C. and 31 (B) of Prisoners Act 1900 be quashed.

(2.) APPLICANTS case is that, both the applicants were convicted by second Additional Sessions Judge Begumganj, Raisen under section 302, 34 and 324 of I. P. C on 10. 8. 1992 in Sessions Trial no. 87/1986 for life imprisonment and one year sentence. While applicants were in jail, applicant No. 1 Harishankar was released on parole on 21. 8. 1998 and Applicant No. 2 Chotelal on 28. 1. 1999. However, applicant no. 1 was to surrender on 5. 9. 1998 and applicant no. 2 on 12. 2. 1999 after parole but they did not surrender and applicant no. 1 and 2 were arrested respectively on 20. 11. 1998 and on 13/04/00.

(3.) ON 9. 1. 2006, P. S. O. Begumganj registered Crime No. 286/06 against these applicants under Section 31 (B) of Prisoners Act 1900 and filed a challan before the J. M. F. C. Begumganj, Raisen and the learned Magistrate has framed charges against these applicants under Section 224 of I. P. C. and 31 (B) of Prisoners Act 1900 on 13. 12. 2007. However, applicants moved an application before j. M. F. C. Begumganj the incident took place on 21. 8. 1998 and 28. 1. 1999 and after lapse of 8 years Court cannot take cognizance in view of Section 468 of the Code. However, learned Magistrate vide impugned order dt. 4. 10. 2007 and learned Additional Sessions judge, Begumganj, vide order dt. 15. 11. 2007 dismissed their prayer hence, this petition under Section 482 of the Code has been filed.