Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 92 of 2010 Petitioner :- Mahendra Kumar Respondent :- State Of U.P. & Others Petitioner Counsel :- Sunil Kumar Singh,R.K. Singh Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Shri Kant Tripathi,J.
Heard learned counsel for the petitioner, learned A.G.A.
for the State and Sri A.P. Pandey holding brief for 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.
It is submitted by learned counsel for the petitioner that
the petitioner is ready to make payment of
Rs.1,00,000/ within fifteen 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,
Mahendra Kumar, who is wanted in case crime No. 349
of 2009 under sections 135 of the Electricity Act, P.S.
Mirzamurad District Varanasi 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 :- 7.1.2010
MTA