Allahabad High Court
Furkan Ahmad & Others vs State Of U.P. & Others on 20 July, 2010
Bench: Imtiyaz Murtaza, Naheed Ara Moonis
Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 12910 of 2010 Petitioner :- Furkan Ahmad & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- O.P. Rai Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Pankaj Kumar Shukla appearing on behalf of U.P. 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.2,15,000/- is due against the petitioner no.1; Rs.2,00,000/- is due against the petitioner no.2; Rs.1,80,000/- is due against the petitioner no.3; Rs.1,70,000/- is due against the petitioner no.4; Rs.1,40,000/- is due against the petitioner no.5 and Rs.2,70,000/- is due against the petitioner no.6 as compounding charges. Learned counsel for the petitioners states that the petitioners are ready to make payment of aforesaid amount due upon them 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 petitioners, namely, Furkan Ahmad, Jaan Mohd., Aarif, Nanhey Khan, Sazid Ali and Bhojraj who are wanted in case crime No.915 of 2010 under Section 135 Electricity Act, P.S. Sihani Gate, District Ghaziabad shall remain stayed subject to the condition that the petitioners deposit the above amount within the stipulated period, and in case of default the benefit of this order will not be extended to the petitioners.
However, it is made clear that this order will have no effect on realization of Electricity charges due against the petitioners and the amount so deposited by them will be adjusted at the time of final settlement between the parties.
Order Date :- 20.7.2010 Mustaqeem.