W [, gtts., HIOH COURT OF CHHATTI86ARH ATBILA8PVK Cr.M.P. No. 534/2008 APPUCANT Chhedu Ram S/o Chand Ram Caste Gond, ayd 55 years, R/o ViU. Pakariya P.S. Akaltara, Distt. Janjgir-Champa C.G. VERSU8 NON-APPLICANT State of ^Chliattisgarh through P.S. Akaltara Distt. Janjgir Chainpa C.G. APPLICATION UNDER 8ECTION 482 OP THE CODE OP CRIMINAL PROCEDURE. 1973. (SB :Hon'ble Mr. T.P.Sliarma, J.) Present:- ghri Neelkanth Malviya, Advocate for the applicant. Ms. Sangeeta Mishra, P.L. for the State/non-applicant. ORAI-- OKDER (Passed on 25/11/2008} 1. Heard. 2. By fhis petition petitioner has prayed for wifhdrawal of recoveiy proceediag ia M.J.C. N0. 27/08 pending before fhe learned Special Jude, (Afa-ocities), Bilaspur, C.G. 3. Leamed Counsel for fhe applicant subimts that vide order dated 23/7/2008 oftbis Court, Court below has iaitiated fhe recoveiy proceediug against fhe surety and accused iu terms of Section 446 of fhe Code of Crimiaal Procediire, 1973. AppUcants have beeu flnaUy acquitted by thls Court vide judgment dated 31/8/2006 therefore, there is no propriety for continuaace ofthe recovery proceeding. 4. Copy of fhe order dated 23/7/2008 aud judgment dated 31/8/2006 perused. Accused persons offhe cruninal appeal No. 637/2006 were not present on 9/7/2008. Their bail bonds has beeu forfeited and Court below is directed to iaitiate the recoveiy proceediug iu which applicant was ^v, ^ z. ^y IN ^-'^•^%sff^ surety. Recoveiy proceediag has been inltiated'as a result of default of the appearaace of fhe appeUant for which appUcaat was surely it was his duty to ensure fhe presence of appeUant in coinpliauce of fhe order of fhis Court. Acquittal of fhe appeUants in ttie cruniaal appeal is no ground for droppm.i or recaUmg of fhe order for recoveiy proceeding, I do not fiiid auy ground for recaUing ttie oider. Consequentiy, the petition is disinissed at fhe stage of admission. Sd/- -—--~ T.P. Sharma ..^^ -..-sStg'fiSS ||8ffs;"""" luaal