STATE OF PUNJAB
A
v
RAJ SINGH AND ANR.
JANUARY 16, 1998
[M.K. MUKHERJEE AND K.T. THOMAS, JJ.]
B
Code of Civil Procedure, 1973 :
Sections 195(1) and 340 - F.1.R. alleging commission of offences ulss.
419, 420, 467 and 468 lPC in course of proceedings of Civil Court- C
Quashed by High Court on the ground that s.195(l)(b) (ii) of Code prohibited
entertainment and investigation into the same by the police-Held, statutory
power of the police to investigate under the Code is not in any way controlled
or circumscribed by s. 195-Procedure u/s 340 to be followed-Order of
High Court set aside.
D
Gopal Krishna Menon and Anr. v. D. Raja Reddy, AIR (1983) SC 1053;
held inapplicable.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 82 of 1998.
From the Judgment and Order dated 31.1.97 of the Punjab and Haryana
High Court in Crl. Misc. No. 15996/96.
G.S. Dhillon, Addi. General, Darshan and Mr. R.S. Sodhi for the
Appellants.
Mr. N.D. Garg for the Respondent.
The following Order of the Court was delivered :
Leave granted. Heard the learned counsel for the parties.
We are unable to sustain the impugned order of the High Court quashing
the F.l.R. Lodged against the respondents alleging commission of offences
"r-
under Sections 419, 420, 467 and 468 1.P.C. by them in course of the proceeding
E
F
G
of a civil suit, on the ground that Section 195 (!) (b) (ii) Cr. P.C. prohibited
entertainment of and investigation into the same by the police. From a plain
reading of Section 195 Cr.P.C. it is manifest that it comes into operation at the H
223
224
SUPREME COURT REPORTS
[1998) 1 S.C.R.
A stage when the Court intends to take cognizance of an offence under Section
190( I) Cr.'.P.C.; and it has 'nothing to do with the statutory power of the police
to investigate into an F.l.R. which discloses a cognisable offence, in accordance
with Chapter XII of the Code even if the offence is alleged to have been
committed in, or in relation to, any proceeding in Court. In other words, the
statutory power of the Police to investigate under the Code is not in any way
B controlled or circumscribed by Section 195 Cr.P.C. It is of course true that
upon the charge-sheet (challan), if any, filed on completion of the investigation
into such an offence the Court would not be competent to take cognizance
thereof in view of the embargo of Section 195(1) (b) Cr. P.C., but nothing
therein deters the Court from filing a complaint for the offence on the basis
C of the F.J.R. (filed by the aggrieved private party) and the materials collected
during investigation, provided it forms the requisite opinion and follows the
procedure laid down tin section 340 Cr. P.C. The judgment of this Court in
Gopal Krishna Menon and Anr. v. D. Raja Reddy, AIR (1983) SC 1053, on
which the High Court relied, has no manner of application to the facts of the
instant case for there cognizance was taken on a private complaint even
D though the offence of forgery was committed in respect of a money receipt
produced in the Civil Court and hence it was held that the Court could not
take cognizance on such a complaint in view of Section 195 Cr. P.C.
For the foregoing reasons, we allow this appeal and set aside the
E impugned order.
RP.
Appeal allowed.
Lex