Police investigation under Section 195 bar clarified: cognizance is restricted, but FIR inquiry can proceed.

Section 195(1)(b)(ii) of the Code of Criminal Procedure applies at the stage when a court considers cognizance under Section 190, and does not restrict police investigation of a cognizable offence disclosed in an F.I.R. even if the alleged act occurred in or relation to civil court proceedings. The statutory bar operates against cognizance on a police report, not against the investigative power under Chapter XII. Where necessary, the court may proceed on a complaint supported by the F.I.R. and investigation materials in accordance with Section 340. The quashing of the F.I.R. was therefore unsustainable.

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Issues: Whether Section 195(1)(b)(ii) of the Code of Criminal Procedure, 1973 bars police investigation into an F.I.R. alleging offences committed in relation to civil court proceedings, and whether such bar operates before the stage of cognizance.

Analysis: Section 195 operates only when a court proposes to take cognizance of an offence under Section 190(1) of the Code of Criminal Procedure, 1973. It does not curtail the statutory authority of the police to investigate a cognizable offence disclosed by an F.I.R. under Chapter XII of the Code, even if the alleged offence was committed in, or in relation to, a proceeding in court. The embargo affects cognizance on a police report, not the investigation itself. If warranted, the court may proceed on a complaint supported by the F.I.R. and the materials collected during investigation, in accordance with Section 340.

Conclusion: Section 195(1)(b)(ii) does not bar police investigation of the F.I.R.; the impugned order quashing the F.I.R. was unsustainable.

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