Courts of police executive magistrates start functioning in city

Lucknow After implementation of police commissionerate system on January 13, the courts of Lucknow city police officials to exercise powers of executive magistrates

Lucknow After implementation of police commissionerate system on January 13, the courts of Lucknow city police officials to exercise powers of executive magistrates started functioning from Saturday.

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Lucknow commissioner of police (CP) Sujeet Pandey said two police officials, assistant commissioner of police (ACP) of Hazratganj police circle Abhay Mishra and ACP of Krishna Nagar police circle Amit Kumar Rai had initially been allowed to start their courts for a month till all ACPs and additional deputy CPs were trained about exercising powers of executive magistrates.

Pandey said ACP Abhay Mishra had been asked to look after all cases of the city, excluding the police circle where he was posted. He said the cases of the Hazratganj police circle would be heard by ACP Amit Kumar Rai so that there was no conflict of interest for a month. “Later all the police officers will be allowed to hold their courts after proper training,” he said.

Pandey said the ACPs were immediately delegated powers of executive magistrates so that the work did not suffer till proper training is conducted. The ACPs had been told to decide the cases after properly reading or taking suggestion from competent people.

Pandey said a session was held by a joint CP rank official of Delhi police to make police officials aware about maintaining registers and other records under the commissionerate system. Besides, two experts of judicial training institutes held a session to explain powers under the Criminal Procedure Code (CrPC), he added.

Another senior police official at state police headquarters said a training capsule of 2-3 weeks was being prepared to train and sensitise Uttar Pradesh police officials about use of magisterial and other powers given to them after the implementation of police commissioner system in Lucknow and Noida (Gautam Buddh Nagar).

“Under Section 4 of the Indian Police Act of 1861, police officials will exercise powers of executive magistrates. Additionally, Section 20 and 21 of the Criminal Procedure Code (CrPC) give some powers to the police officials to regulate law and order,” he said. He added that the police commissioners would also have powers of executive magistrate for Goonda Act, Poisons Act and Immoral Trafficking Prevention Act etc.

ACP Abhay Mishra said he heard as many as 45 cases related to the arrest of people under section 151 of Criminal Procedure Code (CrPC). He explained that the arrests were made under this section without orders from a magistrate and without a warrant, to prevent the people from committing any cognizable offence but they had to be presented before the executive magistrate. He said the persons arrested later could be released only if the executive magistrate allowed it under different circumstances like by giving sureties and filling personal bond.

He said all those arrested under 151 CrPC on Saturday and Sunday were granted bail after giving sureties while some were asked to fill personal bond to execute good behaviour under section 117/116 CrPC. Similarly, as many as four cases related to Hazratganj police circle was heard by the ACP Krishna Nagar in the past two days.