HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 15756 of 2011 Petitioner :- Rakesh Hajela @ Deepak Respondent :- State Of U.P. And Others Petitioner Counsel :- K.K. Roy Respondent Counsel :- Govt. Advocate,Anubhav Shukla Hon'ble Amar Saran,J.
Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the petitioner, Shri Ram Kumar Sharma, holding brief of Sri Anubhav Shukla, learned counsel for Power Corporation and learned Additional Government Advocate.
We have been taken through the allegations contained in the FIR and the material on record.
Learned counsel for the power corporation submits that Rs. 4000/, is due against the petitioner as compounding charges. Learned counsel for the petitioner states that the petitioner is ready to make payment of Rs. 4000/ within twenty days from today.
Learned counsel for the power corporation prays for and is allowed two weeks time to file counter affidavit. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit may be filed within one week thereafter.
List this case on 22.9.2011 before the appropriate bench.
Till the next date of listing or till submission of the charge sheet, whichever is earlier, the arrest of the petitioner in case crime No. 258 of 2011, under Section 135 and 138 of Electricity Act P.S. Khuldabad, district Allahabad, 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 :- 1.9.2011 Gss