Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 725 of 2010 Petitioner :- M/S Hans Auto Mobil Indu Verma Petrolium Respondent :- State Of U.P. & Others Petitioner Counsel :- A.K. Mishra Respondent Counsel :- Govt. Advocate,H.P. Dube 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. 563 of 2009 under section 135/13 of
the Indian Electricity Act P.S. Mughal Sarai District handauli.
Sri V.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.One lakh..
Till further orders/next listing or till submission of the charge sheet whichever
is earlier, the arrest of the petitioner 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 :- 19.1.2010
MH