[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 1606/2005 SATISH CHANDRA SHARMA Vs. THE STATE OF RAJASTHAN Date: 04.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Ms. Suman Sharma for the petitioner. Mr. Arun Sharma, Public Prosecutor for the State. **** Brief facts of the case are that the petitioner was posted as Junior Accountant in Panchayat Samiti Jhalra Patan and during his posting, one Shri Anwar Hussain Gauri was also posted in the same Panchayat Samiti and was working as Cashier. It was found that huge amount about 10 lacs of the Panchayat Samiti has been misappropriated and on the information submitted by the Block Primary Education Officer, Panchayat Samiti Jhalra Patan, a case under Section 409 IPC vide FIR No. 281/2005 has been registered at Police Station Jhalra Patan against the petitioner and others. The present criminal misc. petition under Section 482 Cr.P.C. is filed by the petitioner for seeking quashment of aforesaid FIR No. 281/2005 dated 02.09.2005, registered at Police Station Jhalra Patan, [2] District Jhalawar for the offence under Section 409 IPC. Looking to the facts and circumstances of the case, this Court is not convinced with the submissions made by the counsel for the petitioner that the FIR lodged against the petitioner said to have been false at its face value. Even otherwise also, the Hon'ble Supreme Court in the case of State of Bihar and another Vs. Shri P.P. Sharma and another, AIR 1991 SC 1260, has held that the appreciation of evidence is the function of the criminal Courts. The High Court, under the circumstances, could not have assumed jurisdiction and put an end to the process of investigation and trial provided under the law and mere allegations of mala fide against informant and investigating officer cannot be basis for quashing proceedings. Similar view has been expressed by the Hon'ble Supreme Court in the case of Union of India and others Vs. B.R. Bajaj and others, AIR 1994 SC 1256, wherein it has been observed by the Hon'ble Supreme Court that FIR containing some important allegations which make out a cognizable offence at that stage and registration of FIR was only beginning of investigation and quashing of FIR by the High Court is not proper- Treating whole [3] matter as though it was an appeal against the order of conviction was not permissible in exercising inherent power under Section 482 particularly at stage of FIR when same discloses commission of cognizable offence which had still to be investigated thoroughly by police. Also in view of the ratio decided by the Hon'ble Supreme Court in the case of State of Haryana And Others Vs. Bhajan Lal And Others, 1992 Supp(1) SCC 335, this Court do not find any merit in the instant misc. petition as no case for quashing the FIR No. 281/2005 registered at P.S. Jhalra Patan is made out. Consequently, the misc. petition fails being devoid of merit and the same stands dismissed. (K.S. RATHORE)J. /KKC/ [4] S.B. CRIMINAL MISC. STAY APPLN. NO. 1893/2005 IN S.B. CRIMINAL MISC. PETITION NO. 1606/2005 SATISH CHANDRA SHARMA Vs. THE STATE OF RAJASTHAN Date: 04.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Ms. Suman Sharma for the petitioner. Mr. Arun Sharma, Public Prosecutor for the State. **** As the criminal misc. petition has been dismissed today, the stay application also stands dismissed. (K.S. RATHORE)J. /KKC/