HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8669 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 entire proceedings of Case Crime No.145/2022 under Sections 354, 504 I.P.C. and Section 7/8 POCSO Act, relating to Police Station Itiathok, District - Gonda. 3. Learned counsel for the applicant was falsely implicated in the prosecution in question. He also submits that for the livelihood of the family, he was working in Delhi and on 13.8.2025 & 29.8.2025, he could not appeared before the court below and inform to his counsel that leave is not granted in the month of August, therefore, on 13.8.2025, exemption application was moved before the court below, same was allowed by the court below and matter was fixed for 25.8.2025, on 29.8.2025, again exemption application was moved but same was rejected and N.B.W. was issued and matter was fixed for 12.9.2025. He further submits that 12.9.2025, applicant appeared before the court below and filed an application for recall of order dated 29.8.2025 in relation to the N.B.W. but the same was not accepted, therefore, counsel for the applicant endorsed that he does not want to press the application for recall and applicant is ready to cooperate in the trial. He also submits that due to fault of counsel for Versus Counsel for Applicant(s) : Akhilendra Kumar Goswami Counsel for Opposite Party(s) : G.A. Jahangeer @ Guddu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) the applicant, applicant may not be victimized, therefore, indulgence of this Court is necessary. 4. Learned A.GA. oppose the prayer of the applicant but he does not dispute the fact that record reveals that due to fault of counsel for the applicant N.B.W. was issued. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident that applicant was in Delhi due to his employment and in the month of August, 2025, case was listed twice before the court below, however, on 13.8.2025, exemption application was allowed but on 29.8.2025, proper exemption application was not moved in the morning, thereafter, same was placed on the same day after 2:30 P.M. but same was rejected and N.B.W. was issued against the applicant. 6. In such circumstances, this Court is of the view that considering the economic condition of the applicant, sympathetic approach was to be taken by the court below, accordingly, the present application is allowed and order dated 29.8.2025 as well as 12.9.2025 passed by the court below are hereby set aside. 7. Applicant is directed to appear before the court below on the date fixed and court below is also directed to conclude the trial expeditiously, without giving any unnecessary adjournment to either of the parties. October 14, 2025 GauraV/- A482 No. 8669 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