IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.975 of 2011 Ashok Rai @ Ashok Kumar Rai Versus The State Of Bihar & Ors ----------- 3/ 24/10/2011 Taking into account the principle enunciated by Hon’ble Apex Court reported in (2006) 1 SCC (Cri) 324 where in at paragraph-2, it has been observed like this:- “ By the impugned order, the High Court has quashed FIR No. 55 dated 27.04.2001. The FIR was registered against four respondents for having committed theft of cheel logs from the forest of Kukanet. In sum and substance, the allegation is of illegal felling of trees and theft of the same from the forest. Curiously, the High Court by entering into the factual arena has passed the impugned order quashing the FIR. Such a course is wholly impermissible. The High Court acted mere as an investigating agency at a stage when the FIR was under investigation. At this stage, we wish to say no more lest it may prejudice the parties”. In another decision reported in (2007)14 SCC 497 at paragraph-3, the Hon’ble Apex Court has reiterated in the following manner:- “ Having heard the parties and perused the record. we are of the view that the High Court was not justified at this stage to examine the matter and quash the police investigation, which was pending against the respondents, Laxmi Dhaul”. The prayer of the petitioner at the present juncture is not maintainable because of the fact that investigation is 2 still going on. The Court is precluded to act substituting the Investigating Authority. Therefore, the prayer is found to be non-maintainable. Consequent thereupon, petition is disposed of. However, the police officials will be at liberty to take notice of the points so raised by the petitioner and placed before them if so during conduction of investigation. perwez (Aditya Kumar Trivedi,J.)