S.S.SANDHAWALIA, J.

1. The statutory power of the police to invesligate the cognazable offences under Section 463. 471, 475 and 476 of the Penal Code vis-a-vis the bar under S.195 (1) (b) (ii) of the Cr. P. C. with regard to the cognizance thereof by a Court, has ultimately come to be the signicant question in this reference.

2. Karnail Singh petitioner and another had instituted a civil suit on 25th of Sept. 1980, against his brother Jarnail Singh and others seeking a declaration to the effect that they were owners in possession of the said land and for a permanent unjunction against, the defendants from interfering with their possession. This claim was rested primarily on a will allegedly executed on the 27th April, 1977 by the petitioners father Hari Singh. During the pendency of the said suit Jarnail Singh aforesaid who was a defendant therein made an application before the Senior Superintendent of police, Amritsar, alleging that the will purporting to be dated the 27th April, 1977, relied upon by the petitioner had been desigendly forged and thereby the petitioner had committed the offence of cheating and forgery. On the basis of the said application a case under Ss.42