Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 347 of 2010 Petitioner :- Munshi Ali Respondent :- State Of U.P. And Others Petitioner Counsel :- Prakash Sharma Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
Heard and perused the materials on record.
Petitioner is wanted in case crime No.836 of 2009 under section 135 of the
Indian Electricity Act P.S. Cantt District Varanasi.
Sri B.P.pandey holding brief of Sri H.P.Dubey learned counsel appearing for
the Power Corporation prays for and is granted two weeks’ time to file counter
affidavit. Rejoinder affidavit if any may be filed within one week next
thereafter. List this matter after expiry of the aforesaid period.
The learned counsel for the petitioner has stated across the bar that the
petitioner is ready and willing to pay Rs. 8,000/.
Till further orders/next listing or till submission of the charge sheet whichever
is earlier, the arrest of the petitioner namely Munshi Ali shall remain stayed
subject of course to the proviso that he shall deposit the amount within 20
days. It may be clarified that the the amount so deposited shall be subject to
final settlement between the parties. It needs hardly be said that in case there
is default on the part of the petitioner in complying with the order, the order of
stay of arrest shall cease to be operative and in that event the law will take its
own course accordingly. It is clarified that this order will not impinge upon the
realization of the electricity charges which may ultimately be found
outstanding against the petitioner after final settlement.
Order Date :- 11.1.2010
MH