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.