Case Note & Summary
The dispute arose from an FIR lodged against the respondents for alleged offences under Sections 467 and 468 of the Indian Penal Code (I.P.C.) during civil suit proceedings. The High Court quashed the FIR, citing Section 195(1)(b)(ii) of the Code of Criminal Procedure (Cr.P.C.), which it interpreted as prohibiting police investigation into such matters. The Supreme Court examined the applicability of Section 195 and clarified that it only comes into play when a court intends to take cognizance of an offence, and does not limit the police's statutory power to investigate a cognizable offence as disclosed in an FIR. The court distinguished the current case from a precedent where cognizance was taken on a private complaint related to forgery in a civil court context, emphasizing that the police could still investigate and file a complaint based on the FIR. Consequently, the Supreme Court allowed the appeal and set aside the High Court's order, reinstating the FIR for investigation.
Headnote
A) Criminal Procedure - Police Investigation - Statutory Power of Police to Investigate - Code of Criminal Procedure, 1973, Section 195 - The High Court's order quashing the FIR was not sustainable as Section 195 does not restrict the police's power to investigate a cognizable offence disclosed in an FIR, even if related to court proceedings. The court clarified that while cognizance under Section 195 may be restricted, it does not impede the police's authority to investigate and file a complaint based on the FIR (Paras Not mentioned).
Issue of Consideration
Whether the High Court erred in quashing the FIR on the grounds of Section 195(1)(b)(ii) of the Code of Criminal Procedure.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and reinstated the FIR for investigation.
Law Points
- Cognizable offence
- Police investigation
- Section 195 Cr.P.C.
- Section 340 Cr.P.C.
