SURENDRA PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard and perused the materials on record. Petitioner is wanted in case crime No. 280 of 2008 under section 135/138 of the Indian Electricity Act P. S. Lodha District Aligarh. Sri H. C. 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 agreeable to pay Rs. 1 lac which he further undertakes to deposit within 15 days. Till further orders/next listing or till submission of the charge sheet whichever is earlier, the arrest of the petitioner namely Surendra Pal Singh shall remain stayed subject of course to the proviso that he shall deposit the amount within 15 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. Hon. Imtiyaz Murtaza J. Hon. R. M. Chauhan, J. Heard and perused the materials on record. It is canvassed by the learned counsel for the petitioner that the cheques of the petitioner were not honoured by the Bank and it was informed that the cheques could not be honoured on account of report having been lodged by the District Manager P. C. F. Ballia nominating therein certain persons. It is also canvassed that the petitioner is not arrayed as accused in the F. I. R. Lodged on 19. 4. 2008 and he also filed writ petition challenging the order of the authority concerned in not making payment on the basis of cheque issued by the petitioner. In the writ petition, this Court, it would appear was pleased to direct the authority concerned to decide the representation of the petitioner. It is also canvassed that the conduct of the Opp. Party no. 3 is wholly illegal as he did not honour the cheques issued by the petitioner and instead false report has been lodged nominating him in the F. I. R. Under challenge. Issue notice to to respondent no. 3 who may file counter affidavit within four weeks. Learned A. G. A may also file counter affidavit within the aforesaid period. Rejoinder affidavit if any maybe filed within two weeks next thereafter. List this matter after expiry of theaforesaid period. Till further orders or till submission of the charge sheet whichever is earlier, the arrest of the petitioner namely Virendra Prasad who is wanted in case crime no. 42 of 2008 under section 419, 420, 467, 468, 471, 353 and 506 IPC P. S. Pakadi District Ballia shall remain stayed. Hon. Imtiyaz Murtaza J. Hon. R. M. Chauhan, J. Heard and perused the materials on record. Petitioner is wanted in case crime No. 504 of 2008 under section 135 of the Indian Electricity Act P. S. Himpur District Bijnor. Sri H. C. 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 agreeable to pay Rs. 1,63,000/ -. Till further orders/next listing or till submission of the charge sheet whichever is earlier, the arrest of the petitioner namely Kulveer Singh 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. Hon. Imtiyaz Murtaza J. Hon. B. N. Shukla, J. Heard and perused the materials on record. Petitioner is wanted in case crime No. 986 of 2008 under section 135 of the Indian Electricity Act P. S. Kampierganj District Gorakhpur. Sri H. C. 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. 20,000/ -. Till further orders/next listing or till submission of the charge sheet whichever is earlier, the arrest of the petitioner namely Bal Govind Chaurasiya 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. Hon. Imtiyaz Murtaza J. Hon. B. N. Shukla, J. Heard and perused the materials on record. Petitioner is wanted in case crime No. 1009 of 2008 under section 135 of the Indian Electricity Act P. S. Kotwali City District Banda. Sri B. P. Pandey holding breief of 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. 50,000/ -. Till further orders/next listing or till submission of the charge sheet whichever is earlier, the arrest of the petitioner namely Surendra Pal Singh 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. .