EHQH EQURT §F CHH£ATT3$G§RH A? aiL2§$P¥JR Singie Eench: Hoffb§e ri Diiip Raagaheb Deshmukh, J. Sh (3?. MRNQj 4812QQ? ' ’1. ASha Veerma W§dow a? Laie Shri ‘Madan Kishore Verma, ageii abeut 40 years; 2. Ravikamf Verma S061 f Laste Shri Madam K35hore Verma, aged about 22 yéars; $tudent of BA fmai; g; Na Sic: Late Shri Maa‘ah Kis’mre verma, aged aboat 15 years; Na€ara§ Guardian=Mother~ Asha Verma Aéi awe res§den€s of Moir: Buiidmg, Shankar Nagar, Bilaspur (0G) Sta€e of Madhya Pradesh (Nsw State of Chha’ctisgarh) F CR§£¥HN ’ ER DATED ‘’ CRMWAL D ’ “ ~ SM V‘ K‘ Pandey: cwnssi far the pe‘iaaers‘ Shri Akhi! Arawa}, PL. for ihé smte. QRQL QREER 5 Heard. {Pagad an 56-08~2§G?) (2); Th§$ $ an app§§caton wed under seciian 482 af C?.P.C‘ W fecammg omgr dated. 10-O3~2GO8 gasses: in Gamma Appeai No.1. 51 7 cf 1 §96 (3) Brief facts are that in specia} case N0.05 of 19%, one Madaa Kishcy’e Verma was conv§c€ed by ihe $pezz§al Judge, Bsiaspur under W ¥ A¥ ,", g 4,“..K ,A PETmONERS o eh ha Vs. RESPQNBENT PETiTiQN UMBER SECT‘GN 482 GF THE CODE Q AL PRODECURE. §9?3 FGR RECALUN§ OF THE ORG 1Q.03.2QQ$ PASSED BY THIS HCNBLE COURT iN APEAL N033 51 7;; 995 ?reseni: tii g $ection 7 and 13 (1) (d) read with Sec’iien 13 (2) of the Prevention of Cowuptiom Act and was semenced to undefgo rigorous imprisonment foi one year for both ihe offerices‘ Madam Kishore Verma prefei'red Criminai Appeai No.1517 of 19§8 before the High Sour: of Madhya Pradesh a: Jabaipur. The appeal was admitted for heariog on 13-OQ-1996. During pendency of ihe appeai, Madam Kishoye Verma j, died on 15—08-2003. Hie iegai i'epieeentatives Le. the ofesent peti‘iiooers moved an appiica‘tion before this Cour: f0? being bioughi 0a recoa'd which was aiiowed vicie order dated 21-11-2003. The app-ea! was iisied for hearing on GQ-O3-2008 but wee passed over due to non“ repi’esentaiion of the appelients ie ihe iegai represen‘éatives of ihe deceased eppeiiant who were brooght on. record. Tne appeai was again taken for hearing 'on 19-O3~2OG5‘ Since no one eepeared for the aooeiian‘is and no represeniation was made on iheir behaif, ihe aopeai was diemissed for non—prosecutioe on fQ-03-2Q06r This petition under section 482 of Cr.P.Cr was filed for recaiiing oro’er dated 13-83-2G0§ attei“ iapee of mote than ’i year i.e. on 15—O4—2QU7‘ (4) Shri V. K. Fandey, iearned counsel for the petitioners submitted that the Criminal Appeal No.15’17 of 19% admitted for hearing ouget not to have been dismissed for non—prosecution. Retiaece was placed orr Earri §irrgh and others vs. $tate of UP, MR 1&38 3.6. 24% arrd $hyam Deo Faraday and othere 11s, The State of Bitter AIR 1%?1 $3. 339$ in support of his argumeotsr it was forther submitted that if ’ the o r dated 10-03-2006 is not recalled, the petitioners living under penury, would suffer irreparabte lose because conviction of the deceased—appeHant‘Madan Kishofe Verma wcuid resmt in disentitimg them *to any af ihe seMce benefiis ccruing :0 the iegai representatives o cf fhe $eceased—appe§iam. (5) On the othej’ hand $hri Ak‘nii Agrawai, ieamed Pane? Lawyer for The $tai’e submitted that the delay in fmng this pei'iiéan under Semiion 482 of Cr.P.C‘ has not been saéisfactoriiy expiained as a§so no expianatioa has been giveii for the on-representaticn G? ‘the appehant$ 0f1 09~03—2006 & 10~GS~2OOB. {6) Having heard {ix/a} sumissions, l have c0ns§dered ‘ihe case iaw b ciied by i‘he peiit§cnera in View of €he feta? that the appea€ wa$ admiféea‘ far heafmg, as alse far doing substantiai just§ce crder dated 10-03-2006 passed by $his Cow: shoum be recaiied. {7) Accomingw, the agspHcation Cr.M.P.Na.1£5 of 2907 is a§3owed. Order dated 10433-2006 passed by this Com? in Criminal Appeaé M11517 9f 19Q8 3s reca3§ed. Crimiaa! Appeai N033517 of 1985 is restored i9 its oyiginai number. Registry is directed to requisition ihe recom of the Com beiow expeditiousiy and to as? this Criminah Appeai for finaé hoafing in the week commencing 83d $eptember, 20’37. aheb s Juge mm: “a“ TUmif‘E / ' /:dl - hmukh \ a {a , 2 De d / A; %