HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7449 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. Sri Krishna Kumar Dubey, learned counsel for the applicant submits that by the impugned order dated 11.07.2025 passed by the court of Additional Session Judge, F.T.C.II, Sultanpur, the application under Section 311 Cr.P.C. dated 11.07.2025 filed by the applicant has been disallowed. The applicant was not named in the F.I.R.. After due investigations, no incriminatory evidence was found against the applicant and he was not charge-sheeted in the aforesaid case. Subsequently, the applicant was summoned under Section 319 Cr.P.C. The counsel for the applicant who was prosecuting the case on his behalf died during the course of trial. As a result the defence strategy could not be disclosed to the newly appointed counsel and it was found that number of relevant questions were omitted in the examination of the victim as well as the first informant. The questions which were critical to finding the truth in the trial pertaining to the age of the victim as well as the place of the incident were omitted in the cross-examination of the victim by the erstwhile counsel. There is merit in the submission of Sri Krishna Kumar Dubey, learned counsel for the applicant that the said questions are indispensable for arriving at the truth in the facts of this case. Versus Counsel for Applicant(s) : Krishna Kumar Dubey Counsel for Opposite Party(s) : G.A. Balram Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Opposite Party(s) In wake of the preceding discussion, the Order dated 11.07.2025 passed by the court of Additional Session Judge, F.T.C.II, Sultanpur in Special Session Case No. 476/2028: State Vs. Rahul Mishra and others, arising out of Crime No. 183/2018, under Sections 363, 366, 376, 504, 506 I.P.C. or ¾ and 16/17 POCSO Act, Police Station Baldirai Sultanpur is liable to be quashed and is quashed. The application filed by the applicant under Section 311 Cr.P.C. dated 11.07.2025 is allowed. Learned trial court shall summon the witnesses, namely, PW-1 and PW-2. The applicant undertakes to conduct the examination of the said witnesses on the date on which they appear. No adjournment under any circumstances shall be sought. Costs of Rs. 4,000/- are imposed which shall be paid to the witnesses when they appear before the learned trial court. The procedure shall be concluded within a period of two months. The application under Section 482 Cr.P.C. is allowed. September 10, 2025 Arvind A482 No. 7449 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench