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2008 Supreme(Chh) 95

S.K.SINHA
HARlSHANKAR – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
Mr. Priyank Choubey, Advocate, for the Applicants.
Mr. Pankaj Dixit, Panel Lawyer, for the Non-applicant.

ORDER

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 JMFC Begumganj, Raisen in Regular Trial No. 73/2007. Further applicants have prayed that FIR dated 9-10-2006 and R.T. No. 73/07 pending before JMFC, Begumganj under Section 224 of IPC 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 Sections 302, 34 and 324 of IPC 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 Nos. 1 and 2 were arrested respectively on 20-11-1998 and on 13-04-2000.

3. On 9-1-2006, PSO Begumganj registered Crime No. 286/06 against these applicants under Section 31 (B) of Prisoners Act, 1900 and filed a challan before the JMFC Begumganj















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