Question

"From a plain reading of Section 195 Cr.P.C. it is manifest that it comes into operation at the stage when the Court intends to take cognizance of an offence under Section 190(1) Cr. P.C.; and it has nothing to do with the statutory power of the police to investigate into an F.I.R. which discloses a cognizable offence.... In other words, the statutory power of the Police to investigate under the Code is not in any way controlled or circumscribed by Section 195 Cr.P.C." – This was held by the Supreme Court in the case of:

• A. Nalini Vs State of Tamilnadu
• B. Raj Singh Vs State [(1998)]
• C. Shamsher Singh Vs State of Punjab
• D. State of Himachal Pradesh Vs Tara Dutta

Hint:

Section 195 Cr.P.C. limits the court's power to take cognizance of certain offenses, but does not affect the police's power to investigate cognizable offenses.

Answer 1

The Correct Option is C

Step 1: Understanding Section 195 Cr.P.C.
Section 195 of the Cr.P.C. deals with the prosecution of certain offences relating to documents, false evidence, and public servants. It primarily concerns the power of the court to take cognizance of an offence, but it does not limit or restrict the police's statutory power to investigate a cognizable offence disclosed in an FIR. Step 2: Case Explanation.
In the case of *Nalini Vs State of Tamilnadu*, the Supreme Court clarified that the statutory power of the police to investigate into a cognizable offence under the Cr.P.C. is not controlled by Section 195. This distinction was crucial in understanding the separation of powers between the police and the court. Step 3: Conclusion.
The correct case where this view was upheld is *Nalini Vs State of Tamilnadu*.