Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 1372 of 2010 Petitioner :- Mohd. Shamim Respondent :- State Of U.P. & Others Petitioner Counsel :- Sharad Kumar Srivastava Respondent Counsel :- Govt. Advocate,Mridul Tripathi 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
Smt. Mridul Tripathi, learned counsel for the 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. 4,00,000/- is due
against the petitioner as compounding charges. Learned counsel for the
petitioner states that the petitioner is ready to make payment of Rs.4,00,000/-
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, Mohd. Samim who is wanted in case
crime No. 5 of 2010 under section 135 of Electricity Act, P.S. Chamanganj
District Kanpur Nagar 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 :- 28.1.2010