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january 1998

Supreme Court of India · 1998-01-16

STATE OF PUNJAB vs RAJ SINGH

Citation / case number
SC 1997/10027
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB
Respondent
RAJ SINGH
Author
K.T. THOMAS M.K. MUKHERJEE
Bench
K.T. THOMAS M.K. MUKHERJEE

Judgment text excerpt

The Supreme Court held that Section 195(1)(b)(ii) Cr.P.C. does not restrict the police's power to investigate an FIR disclosing cognizable offences under Sections 467 and 468 IPC, even if the alleged offences occurred in relation to court proceedings. The Court clarified that while cognizance cannot be taken on a charge-sheet due to Section 195, a complaint can still be filed based on the FIR and investigation materials. The Court distinguished the case from Gopal Krishna Menon v. D. Raja Reddy, emphasizing the applicability of Section 195 in that context was not relevant here. The appeal was allowed, and the High Court's order was set aside.

STATE OF PUNJAB vs RAJ SINGH · Niyam