Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 13456 of 2010 Petitioner :- Raghav Prasad Upadhyay Respondent :- State Of U.P. & Others Petitioner Counsel :- R.K. Shukla 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. 304 of 2010 under section 135 of the Indian
Electricity Act P.S. Naini Distt Allahabad.
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. 1, 40,000/.
Till further orders/next listing or till submission of the charge sheet whichever is
earlier, the arrest of the petitioner aforesaid 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 :- 28.7.2010
MH