[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO, 101/2006 VIJENDRA Vs. THE STATE OF RAJASTHAN Date: 22/02/2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Rajesh Goswami for the petitioner. None present for the State. **** The petitioner has preferred the instant criminal misc. petition under Section 482 Cr.P.C. for quashing the FIR No. 130/2005 dated 01.10.2005 registered at Police Station Reni, District Alwar for the offences under Sections 147, 194(2), 195, 201, 203, 211, 384, 388 and 120-B IPC. The petitioner has challenged the FIR in question on the ground that the said FIR has been registered against the petitioner for the offences under Sections 194, 195 IPC which is contrary to the material available on the record as according to the contents of the FIR, the complainant Mansingh filed a first information report against the persons due to confusion and in such situation, the offences under Sections 194, 195 are not at all made out but the investigating agency has committed error while [2] registering the case and, therefore, the FIR in question deserves to be quashed and set aside. I have heard learned counsel for the petitioner and carefully gone through the contents of the FIR as well as the provisions of Sections 194, 195 and 182 IPC. It is for the investigating agency to investigate into the matter, but this Court cannot stay the investigation and quash the FIR as per the settled preposition of law laid down by the Hon'ble Supreme Court. 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 [3] 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. 130/2005 registered at Police Station Reni, District Alwar for the offences under Sections 147, 194(2), 195, 201, 203, 211, 384, 388 and 120-B IPC. Consequently, the criminal misc. petition fails being devoid of merit and the same is hereby dismissed. [4] The interim order dated 12.01.2006 granted by this Court stands rejected. The stay application also stands dismissed. (K.S. RATHORE)J. /KKC/