When the Commissionerate system came into force in Lucknow and Noida, the newly appointed Commissioners had got sweeping powers in their hands. In a recent development, news is coming that there is a likelihood that there will be a reduction in the powers of Police Commissioners of the state capital Lucknow and Noida. The action under section 133 and 145 of the Criminal Procedure Code (CRPC) will lead to some of the powers now going to the District Magistrate again. Both these clauses relate to action in land disputes. In this regard, the government has summoned reports from the District Magistrates of Lucknow and Noida in a week.
On behalf of Additional Chief Secretary Home Awanish Kumar Awasthi, a letter was sent to the District Magistrates of Lucknow and Noida to provide objective and a reasonable report in a week regarding the right of action under both sections to be handed over to the District Magistrate again.
The letter reads that in a notification issued on 13 January 2020 regarding the implementation of the police commissioner system in Lucknow Nagar and GautamBudhnagar, the Commissioner of Police was given the powers of Executive Magistrate, Additional District Magistrate and District Magistrate.
Similarly, the powers of Executive Magistrate were also conferred on Joint Police Commissioner, Additional Police Commissioner, Deputy Police Commissioner, Additional Deputy Commissioner of Police and Assistant Commissioner of Police posted in Lucknow Nagar and Gautam Budh Nagar. It also gives them the right to take action under sections 133 and 145 of CrPC.
Reportedly Section 133 of the Indian Penal Code (CRPC) applies where there is a complaint of a criminal law or public nuisance. Under this, the Executive Magistrate reserves the right that if he receives a complaint, he can hear all the parties and order action. Such disputes often occur in cases such as generator fumes, vehicles parked or common road stops.
Section 145 of the Indian Penal Code (CRPC) applies where there is a possibility of breach of public peace due to disputes related to ownership, possession or water of land. Such disputes occur more in villages. In this, the Executive Magistrate takes action on the police report.