[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 1836/2007 RAJESH KUMAR AGARWAL & ANR. Vs. STATE OF RAJASTHAN & ORS. Date: 22/02/2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Rajiv Bandhu for the accused-petitioner. Mr. Arun Sharma, Public Prosecutor for the State. Mr. Sumer Singh for the respondent No.2. Mr. Vinod Gupta for the respondent No.3. **** The petitioners by way of this criminal misc. petition under Section 482 Cr.P.C. prayed for quashment of FIR No. 541/2007 registered at Police Station Chomu, District Jaipur for the offence under Section 406 IPC, subsequently changed to Section 379 IPC. Heard learned counsel for the petitioners, learned Public Prosecutor as well as the counsel appearing for the respondents and carefully gone through the material available on record as well as the contents of FIR. 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 [2] 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 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 [3] 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. 541/2007 registered at Police Station Chomu, District Jaipur, is made out. Consequently, the misc. petition fails being devoid of merit and the same is hereby dismissed. The interim order dated 24.10.2007 granted by this Court stands rejected. Record be sent back. (K.S. RATHORE)J. /KKC/