Police Commissioner System in UP: Preparation of Police Commissioner system for Lucknow and Noida.
Under the police commissioner system implemented in Lucknow and Gautam Budhnagar.
The rights given to the Commissioner of Police are being considered to reduce some rights related to direct action in some matters related to the public and peacekeeping.
The Police Commissioner system was implemented in both the districts on 13 January 2019.
Now 10 months later both the districts are being reviewed afresh to improve the system and the practical aspects of some issues related to public order.
In the past, due to Corona virus infection, this police commissioner system could not be reviewed in detail.
Additional Chief Secretary Home Avnish Kumar Awasthi has called for a report from District Magistrate Lucknow and Gautam Buddha Nagar.
This is regarding the removal of the right of action from the Commissioner of Police under Section 133 and 145 of the Criminal Procedure Code (CRPC) to the District Magistrate.
The report has been sought from both the district magistrates. The government will take a decision regarding this soon.
Additional Chief Secretary Home Avneesh Kumar Awasthi in a letter to the DM of Lucknow and Gautam Budhnagar.
He instructed to give an objective and reasonable report in a week regarding re-submission of the right of action under the two sections to the District Magistrate.
Additional Chief Secretary Home says that a decision will be taken in this matter after consideration.
With the commissioning of the police commissioner system at Lucknow Nagar and Gautam Budhnagar.
The Commissioner of Police was given the powers of Executive Magistrate, Additional District Magistrate, and District Magistrate.
Similarly, the powers of the Executive Magistrate were also given to Joint Commissioner of Police, Additional Commissioner of Police, Deputy Commissioner of Police.
Additional Deputy Commissioner of Police and Assistant Commissioner of Police posted in Lucknow Nagar and Gautam Budh Nagar.
With which they also have the right to take action under sections 133 and 145 of CrPC.
In view of the busyness of police officers in law and order and crime control, practical aspects of the settlement of land and water disputes are also being seen.
What is Section 133: Under Section 133 of CrPC, action is taken against complaints of lawless congestion or lawlessness.
Under this, the Executive Magistrate reserves the right to order the removal of ‘nuisance’ by hearing all the parties if he receives a complaint of anarchy and there is a danger of disturbing public peace.
Under this, disputes often arise between the two parties over complaints such as erecting vehicles, blocking common roads.
What is Section 145: Under Section 145 of the CrPC, there is a provision for action in disputes relating to any land or property, ownership, possession or water.
If there is a possibility of disturbing public peace on these matters, then the executive magistrate has the right to take action on the police report.
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