HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9269 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application is filed with the prayer to quash the prayer to set aside the proceedings of Sessions Trial No.45 of 2023 arising out of Case Crime No.795 of 2022 under Section 363, 366, 376 I.P.C. and Section 5/6 POCSO Act, P.S. Kotwali Nagar, District - Gonda. 3. Learned counsel for the applicant submits that applicant has falsely been implicated in the present case and charge-sheeted, thereafter, trial was proceeded. He also submits that after recording the statement under Section 313 Cr.P.C. an application was moved by the applicant under Section 311 Cr.P.C. for recalling P.W.1/complainant as well as P.W.2/victim for proving the photographs those were transferred on the mobile of the applicant as well as Whatsapp chatting in between the applicant as well as victim since year 2021 upto 2023 but the said application was rejected by the learned trial court in the most mechanical manner. He further submits that victim and applicant were in friendship and were continuously in conversation on their mobile as well as Whatsapp chatting and certain photographs were also taken by the victim from her mobile when they were together, therefore, in the interest of justice, veracity of these photographs as well as chatting is to be Versus Counsel for Applicant(s) : Naveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Vikas Kumar Gautam @ Kushal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) proved before the trial court, in such circumstances, P.W.1/complainant as well as P.W.2/victim are to be recorded for fair trial. 4. Learned A.G.A. opposes the prayer of the applicant and submits that there is no illegality in the order of the trial court. He further submits that as certificate under Section 65-B of Indian Evidence Act has not been enclosed, only application has been given under Section 311 Cr.P.C., therefore, evidences placed before the trial court are not admissible in the absence of Certificate of Section 65-B of Indian Evidence Act. 5. At this stage, specific question was asked from the learned counsel for the applicant about the absence of Certificate of Section 65-B of Indian Evidence Act but but he is unable to explain the same. 6. Considering the submissions of learned counsel for the parties, going through the contents of the application, other relevant documents including application under Section 311 Cr.P.C. and order passed by the trail court, emphasis is given by the learned counsel for the applicant that the photographs which was captured by the victim is to be examined alongwith Whatsapp chat, however, in the order of the trial court, it is observed that during the cross examination of the victim, relevant facts were asked by counsel for the applicant from the victim about the photographs. It is evident that no certificate of Section 65-B of Indian Evidence Act is enclosed with the present application, in such circumstances, there is no illegality in the order passed by the court below and present application is liable to be dismissed. 7. Accordingly, in view of the above, present application is dismissed . November 18, 2025 GauraV/- A482 No. 9269 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench