[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 130/2008 M/s SADBHAV ENGINEERING CO. Vs. STATE OF RAJASTHAN & ANR. Date: 08.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Biri Singh with Mr. Rahul Choudhary for the petitioner. Mr. Jagdish Lamba, Public Prosecutor for the State. **** The present criminal misc. petition under Section 482 Cr.P.C. is preferred by the petitioner for quashing the FIR No. 2808/2007 registered at Forest Check Post, Malarna Doongar, Police Station Forest Department, Bonli, District Sawaimadhopur for the offence under Section 26 and 28(3) of the Rajasthan Forest Act, 1953. The case of the petitioner is that the complainant Shri Ashok Pareek, Forest Extension Officer, Bonli who is in habit of lodging false and frivolous reports against the farmers and other innocent persons of the village who are not able to fulfill his illegal demands, has lodged the present report for his ulterior motives and extraneous reasons without any basis though the petitioner firm was [2] carrying out its all operations in a legal way on the land of Khatedar Shri Abdul Salam after due permission from the Govt. agencies. The Patwari Halka, Malarna Doongar on the orders of the Tehsildar, Malarna Doongar has inspected the site on 13.08.2007. The inspection report supports the contentions of the petitioner firm that the firm is doing its entire operations in a legal way. The case of the petitioner firm further is that it has already suffered great loss on account of seizure of its entire plant, machinery and other equipments by the Forest Department on a false plea for a period of about 1-1/2 months. As per the contract, the petitioner firm has to complete the entire project within a period of 18 months. It has been further submitted that in the facts and circumstances of the case, no case for any offence under the Rajasthan Forest Act is made out against the petitioner firm and it would be a criminal wastage of valuable time of the Courts if the proceedings are continued pursuant to the FIR lodged by the Forest Department and the same deserves to be quashed and set aside. It is no doubt that the petitioner firm has installed its machinery plant after obtaining due [3] permission and upon perusal of the report of Halka Patwari and Tehsildar, it is made clear that machinery is installed in the Khatedari land and the land does not belong to Forest Department. On the contrary, the Forest Department has claimed that this land falls in the area of Forest Department and as such, mining activities as well as crusher machines cannot allowed to be operated in the forest area. No doubt Forest and Revenue Departments have taken different stands. Since disputed question of facts are involved in the petition and in view of the settled preposition of law, it requires thorough investigation to arrive at right conclusion. It cannot be said at this stage 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 [4] 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 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. 2808/2007 registered at Forest Check Post, [5] Malarna Doongar, Police Station Forest Department, Bonli, District Sawaimadhopur for the offence under Section 26 and 28(3) of the Rajasthan Forest Act, 1953, is made out. Consequently, the misc. petition fails being devoid of merit and the same is hereby dismissed. (K.S. RATHORE)J. /KKC/ [6] S.B. CRIMINAL MISC. STAY APPLICATION NO. 79/2008 IN S.B. CRIMINAL MISC. PETITION NO. 130/2008 M/s SADBHAV ENGINEERING CO. Vs. STATE OF RAJASTHAN & ANR. Date: 08.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Biri Singh with Mr. Rahul Choudhary for the petitioner. Mr. Jagdish Lamba, 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/