Neutral Citation No. - 2025:AHC:50860 Court No. - 74 Case :- APPLICATION U/S 482 No. - 21616 of 2016 Applicant :- Naurang Sahay And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. Reg: Stay Vacation Application No.1 of 2025 1. In continuation to the earlier proceedings held on dated 1.4.2025, again the matter has been taken up by this court today and Shri Deepak Upadhyay, learned counsel appearing on behalf of opposite party no.2 again submitted that inspite of service of mention notice which is having endorsement of Shri Sunil Kumar Singh, learned counsel appearong on behalf of the applicants and the same is taken on record, but inspite of having knowledge that the matter shall be taken up out of turn from the additional cause list at the time which has already been fixed by this court for taking up of mentioned matter, none appeared at the behest of the applicants and as such, no option left for this court to proceed with the submissions mentioned in the counter affidavit preferred at the behest of opposite party no.2, wherein stay vacation application is also pending to be adjudicated. 2. Grounds mentioned in the affidavit in support of stay vaction application seems to be justified and in absence of learned counsel for the applicants, interim order dated 27.7.2016 is hereby stands vacated. 3. Stay vacation application is hereby allowed accordingly. Order on A-482 4. Shri Deepak Upadhyay, learned counsel for opposite party no.2 submitted that the entire proceedings arising out of Case Crime No.739 of 2015 instituted as Case No. 9225 of 2016, under Sections 420, 467, 468, 471 IPC at Police Station - Sector-58, District Gautam Budh Nagar pending before learned Chief Judicial Magistrate, Gautam Budh Nagar, on the basis of compromise entered by both the parties, whereas, Shri Deepak Upadhyay, learned counsel appearing on behalf of opposite party no.2 vehemently opposed the same and submitted that there is hardly any compromise took place in between the parties which has been mentioned and submitted by learned counsel for the applicants and as such the interim order whatsoever has been granted and the matter has been proceeded for final adjudication on the basis of the compromise is altogether misleading information submitted by learned counsel for the applicants. 5. In view of the aforementioned facts and circumstances, once the interim order is vacated, learned court concerned is hereby directed to proceed with Case No.9225 of 2016 arising out of Case crime no.739 of 2015 under Sections 420, 467,468,471 IPC, Police Station Sector-58, District Gautam Budh Nagar, which is pending at the behest of interim protection granted by the Coordinate bench of this court by way of giving proper opportunity of hearing and due compliance of the matter. 6. Instant A-482 application stands dismissed accordingly. Order Date :- 8.4.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad