[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 1998/2007 KAMAL & ORS. Vs. STATE OF RAJASTHAN & ANR. Date: 08.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Santosh Kaushik for the petitioners. Mr. Jagdish Lamba, Public Prosecutor for the State. **** The present criminal misc. petition under Section 482 Cr.P.C. is preferred by the petitioners for quashing the FIR No. 64/2006 dated 17.04.2006 registered at Police Station Kathumar, District Alwar against the petitioners for the offences under Sections 420, 467, 468 and 471 IPC. The case of the petitioners is that the petitioners purchased the alleged Patta from the Gram Panchayat, Mehbukalan, Panchayat Samiti Kathumar, District Alwar with due process of law and the Sarpanch and Secretary have signed and issued the Patta in favour of the petitioners on 21.11.2005 and being bonafide purchasers of the land, the petitioners cannot be held liable for the offences under Sections 420, 467, 468 and 471 IPC and the FIR lodged against the petitioners deserves to be quashed and set-aside. [2] Having gone through the FIR lodged against the petitioners, considering the rival submissions of the respective parties and upon careful perusal of the Patta in question, in the considered view of this Court, it is a matter of investigation and only after investigation the finding can be given whether the petitioners are innocent being bonafide purchasers of the land or not, but at this stage, it cannot be said that the FIR in question is false at its face value. Even otherwise also, Hon'ble the 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 [3] that stage and registration of FIR was only beginning of investigation and quashing of FIR by the High Court is not proper- Treating whole 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. Therefore, in view of the ratio decided by the Hon'ble Supreme Court in the cases of State of Bihar and another Vs. Shri P.P. Sharma and another (supra) and Union of India and others Vs. B.R. Bajaj and others (supra) as also 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. No case for quashing the FIR No. 64/2006 registered at Police Station Kathumar, District Alwar for the offences under Sections 420, 467, 468 and 471 IPC, is made out. Consequently, the misc. petition fails being devoid of merit and the same is hereby dismissed. (K.S. RATHORE)J. /KKC/