Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 13799 of 2010 Petitioner :- Narendra Kumar Respondent :- State Of U.P. & Others Petitioner Counsel :- Ganesh Kumar Verma Respondent Counsel :- Govt. Advocate,H.P. Dube Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State
and Sri V. P. Pandey holding brief of Sri H.P.Dubey appearing on behalf
of U.P. Power Corporation.
We have been taken through the allegations contained in the F.I.R. and
the material on record.
Learned counsel for the power corporation submits that Rs.2,60,000/- is
due against the petitioner as compounding and assessment charges.
Learned counsel for the petitioner states that the petitioner is ready to
make payment of Rs.2,60,000/- within twenty days from today.
Learned counsel for the Power Corporation prays for and is allowed two
weeks time to file counter affidavit. Learned A.G.A. may also file counter
affidavit within the same period. Rejoinder affidavit may thereafter be
filed within one week.
List this case after the expiry of the aforesaid period.
Till next date of listing or till submission of charge sheet whichever is
earlier, the arrest of the petitioner, namely, Narender Kumar who is
wanted in case crime No.641 of 2010 under Sections 135, 136, 138
Electricity Act, P.S. Captanganj, District Basti shall remain stayed subject
to the condition that the petitioner deposits the above amount within the
stipulated period, and in case of default the benefit of this order will not
be extended to the petitioner.
However, it is made clear that this order will have no effect on realization
of Electricity charges due against the petitioner and the amount so
deposited by him will be adjusted at the time of final settlement between
the parties.
Order Date :- 30.7.2010
Mustaqeem.