Neutral Citation No. - 2025:AHC-LKO:14165 Court No. - 30 Case :- APPLICATION U/S 528 BNSS No. - 181 of 2025 Applicant :- Manoj Kumar Yadav @ Manoj Yadav Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy./Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Gaurav Mehrotra,Nadeem Murtaza,Ramendra Yadav Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. 1. Heard Shri Nadeem Murtaza, Advocate, Sri Gaurav Mehrotra, Advocate, Sri Ramendra Yadav, Advocate and Sri Snigdha Singh, Advocate appearing on behalf of the applicant and learned A.G.A. for the State as well as perused the record. 2. This application under Section 528 of BNSS, 2023 has been filed with the following main relief:- "A. To quash proceedings of Case No.219/2025 (State Vs. Manoj Yadav), under Sections 126 and 135 of BNSS, 2023, pending before the Court of Assistant Commissioner of Police/Executive Magistrate, Gosaiganj, Commisssionerate, Lucknow, copy whereof is contained in Annexure-1 to this Application. B. To quash the notice dated 17.02.2025 issued by the Court of Assistant Commissioner of Police/Executive Magistrate, Gosaiganj, Conmissionerate, Lucknow in Case No.219/2025 (State Vs. Manoj Yadav) " 3. It is stated that on account of apprehension that the applicant may cause breach of peace, a report was submitted by the S.H.O., Police Station - Sushant Golf City, District - Lucknow in the light of provisions indicated under Section 126/135 of BNSS. 4. Learned counsel for the applicant submitted that the impugned notice dated 17.02.2025 is liable to be set aside because the same has been issued without application of mind as the Assistant Commissioner of Police/Executive Magistrate, Gosaiganj, Conmissionerate, Lucknow has not recorded his opinion to the effect that there exists sufficient ground to take action under the provisions of Section 130 of BNSS and further that the same is a printed proforma. 5. He further submitted that a printed format cannot be a satisfaction which is required under Section 130 of BNSS while issuing notice under Section 126/135 of BNSS. 6. He has placed reliance upon a judgment dated 07.02.2025 rendered by this Court in the case of Asha Dubey and Another Vs. State of U.P. and 2 Others; Application U/s 528 BNSS No.71 of 2025 and submits that this case is identical to the aforesaid case, wherein this Court was pleased to allow the application under Section 528 BNSS and quashed the notice under Section 126/135 BNSS impugned therein. 7. Perused the impugned notice issued under Section 130 BNSS and also considered the judgment placed before this Court passed in the case of Asha Dubey (Supra). 8. Thus, in view of above, the principles settled in the judgment of Asha Dubey (Supra), would also apply in relation to the proceedings related in the instant case, hence any deviation from the established principles is not required. 9. This Court is of the opinion that when the law requires the Magistrate to apply his mind, then there has to be a due application of mind. The manner, in which the notice has been issued, clearly transpires that it has been issued in a mechanical manner by the Assistant Commissioner of Police/Executive Magistrate, Gosaiganj, Commisssionerate, Lucknow. This practice is reprimanded. It is expected that the Assistant Commissioner of Police/Executive Magistrate, Gosaiganj, Commisssionerate, Lucknow, shall apply his mind as required in law before issuing notice under Section 130 of BNSS for taking appropriate action under Section 126/135 of BNSS. 10. Having considered the above including the observations made in the judgment referred above as also that the impugned notice/order which appears to have been issued without application of judicial mind, the notice/order dated 17.02.2025 issued by the Assistant Commissioner of Police/Executive Magistrate, Gosaiganj, Commisssionerate, Lucknow, is hereby quashed. 11. Accordingly, the present application is allowed. 12. However, if the Magistrate concerned still finds breach of peace, liberty is granted to him for issuing fresh notice in accordance with law and also keeping in mind the aforesaid judgment of Asha Dubey (Supra). 13 . Learned Senior Registrar of this Court as well as learned A.G.A. for the State are directed to communicate this order to the Assistant Commissioner of Police/Executive Magistrate, Gosaiganj, Commisssionerate, Lucknow forthwith. (Om Prakash Shukla,J.) Order Date :- 7.3.2025/Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench