Neutral Citation No. - 2025:AHC:135890 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 628) Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 29305 of 2025 Applicant :- Gudiya Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Janardan Prasad Patel Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Janardan Prasad Patel, learned counsel for the applicant and Sri S.K. Ojha, learned A.G.A. for the State. 2. The instant application under Section 528 BNSS has been filed seeking quashing of the cognizance order dated 23.5.2025 as well as the entire criminal proceedings of Case No. 402 of 2025 (State vs. Gudiya Devi) under Sections 115 (2), 351(3) and 324(4) of BNS, Police Station-Karchhana, District-Yamuna Nagar (Commissionerate Prayagraj), pending before the court of Additional Chief Judicial Magistrate-8, Allahabad. 3. Learned counsel for the applicant submits that in the instant case, the allegation against the applicant is that she along with her one associate has cut twenty trees of eucalyptus, which were grown on the land of opposite party no. 2 thereby causing loss to the opposite party no. 2 to the tune of Rs. 1 lakh. When it was objected by the brother of opposite party no. 2, he was assaulted by the applicant through axe on his head and thereupon she was gone after threatening them to falsely implicate them in forged cases. The submission of learned counsel for the applicant is that it is not possible for a lady to cut down twenty trees, therefore, it is nothing but a malicious prosecution on the part of opposite party no. 2 against the applicant. Hence, he seeks quashing of the entire proceedings of the instant case. 4. Per contra, learned A.G.A. submits that as per the FIR, the applicant has cut the twenty eucalyptus tress with the help of one of his associates and when it was objected by the opposite party no. 2 she has assaulted the brother of opposite party no. 2 with an axe on the head. The medical examination report supports the injuries on the head and the statement of witnesses also support the prosecution case. Thereupon, charge sheet was filed on which cognizance has been taken by the trial court concerned against the applicant for the offence under Section 115 (2), 351(3) and 324(4) of BNS. Therefore, a prima facie case is made out against the applicant, hence no interference is called for in the instant case. 5. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the records of the case. 6. As per the allegations in the FIR, there are categorical allegations that the applicant along with one of her associate has cut down twenty eucalyptus tress planted on the land of opposite party no. 2 thereby causing loss to the opposite party no. 2 to the tune of Rs. 1 lakh. When it was objected by the brother of opposite party no. 2, the applicant assaulted him with axe on the head and blood was oozing out from such injury. The injured was taken to the hospital and medical examination was conducted. The medical examination report also supports the injuries, the injured as well as the prosecution witnesses are also supporting the case of the prosecution. It is further noted that earlier also the applicant had approached this Court by filing Criminal Misc. Writ Petition No. 2828 of 2025 (Gudiya Devi vs. State of U.P. and 3 others) which was disposed of by this Court vide order dated 17.2.2025 granting protection to the applicant under Section 41A Cr.P.C. till the submission of charge sheet; however, prayer for quashing of the FIR was rejected. 7. Thus, from the material available on record, a prima facie case is made out against the applicant. Therefore, there is no occasion for this Court to quash the proceedings as prayed for by learned counsel for the applicant. 8. Accordingly, the instant application is dismissed. Order Date :- 11.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad