Police investigation under Sections 195 and 340 CrPC can proceed for cognizable offences despite the bar on cognizance.

In alleged impersonation and fraud arising from a court proceeding, the Kerala HC noted that Sections 195 and 340 of the Code of Criminal Procedure regulate cognizance and the court's complaint procedure, but do not prevent police investigation where the FIR discloses cognizable offences. Because the earlier revisional order had already directed a full police investigation and had not been challenged, the materials collected could lawfully assist the court in deciding whether to file its own complaint after enquiry. The procedure adopted by the Chief Judicial Magistrate was therefore not illegal, and the request to quash the FIR was rejected.

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Issues: Whether the FIR and investigation initiated pursuant to the complaint under Section 340 of the Code of Criminal Procedure were illegal for non-compliance with Sections 195 and 340 of the Code, and liable to be quashed under Section 482 of the Code of Criminal Procedure.

Analysis: The complaint concerned alleged impersonation and fraud in a court proceeding, attracting offences falling within the bar under Section 195(1)(b) of the Code of Criminal Procedure. The statutory scheme of Sections 195 and 340 governs the stage of cognizance by the court and the making of a court complaint, but it does not curtail the police power to investigate where an FIR discloses cognizable offences. The earlier revisional order had directed a full-fledged police investigation because persons other than the parties were suspected to be involved, and that order had not been challenged. The materials collected in investigation were to assist the court in deciding whether to file its own complaint after enquiry, not to bypass the statutory bar on cognizance.

Conclusion: The procedure adopted by the Chief Judicial Magistrate was not illegal, and the prayer to quash the FIR was rejected.

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