Court No. - 71 Case :- APPLICATION U/S 482 No. - 41652 of 2024 Applicant :- Sushil Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Parikshit Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Kumar Parikshit, the learned counsel for applicant, the learned A.G.A. for State and Mr. Alok Kumar Yadav and Mr. Vikas Singh Yadav, the learned counsel for first informant/opposite party-2. Present application came up for admission on 17.2.2025 and this Court passed the following order: Heard Mr. Kumar Parikshit, the learned counsel for applicant and the learned A.G.A. for State. Put up this case as fresh case on 3.3.2025. Court below shall defer the proceedings of the Criminal Case No. 5896 of 2024 (State Vs. Vikas Yadav and 6 others) arising out of Case Crime No. 58 of 2024 under Sections 147, 148, 149, 307, 302, 120B, 34 of I.P.C., Police Station Mariyahun, District Jaunpur till the next date of listing. On the matter being taken up, court raised a pointed query to learned counsel for applicant as to whether the charges have been framed against accused applicant by Court below or not. The learned counsel for applicant submits that charges have been framed. Court again raised a query as to whether the order dated 17.2.2025 was filed before Court below before 19.2.2025 or not. Learned counsel for applicant could not give any satisfactory reply. It is well settled that a stay order passed by Court is effective when it has been served. At this juncture, the learned counsel for applicant submits that he be permitted to withdraw the present application with liberty to file a fresh by challenging the framing of charge order passed by Court below. Learned A.G.A. has no objection to the prayer made by the learned counsel for applicant. In view of above, the application is accordingly dismissed as withdrawn with liberty aforesaid. Order Date :- 3.3.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad