[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 1165/2005 LEKHRAJ SINGH Vs. STATE OF RAJASTHAN & ANR. Date: 18.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. N.C. Sharma for the petitioner. Mr. Arun Sharma, Public Prosecutor for the State. **** The instant criminal misc. petition under Section 482 Cr.P.C. is filed by the petitioner against the order dated 23.01.1998 passed by the Judicial Magistrate No.3, Bharatpur in Criminal Case No. 3/2003, whereby final report submitted by the police has been rejected and cognizance for the offences under Sections 147, 148, 149, 232, 307, 452 and 379 IPC has been taken against the petitioner and other co-accused. The petitioner has also prayed for quashing the FIR No. 338/1992 dated 17.09.92 registered at Police Stations Kumher, District Bharatrpur as also the complaint filed by complainant Shri Lakhmichand in the Court of Judicial Magistrate No.3, Bharatpur. I have heard learned counsel for the petitioners, learned Public Prosecutor for the State [2] and have also gone through the order impugned passed by the Court below as well as contents of FIR and the complaint. While taking cognizance the Court has only to see whether prima-facie case is made out against the accused or not, and as in the instant case the Court below has found that prima-facie case is made out against the petitioner, therefore, cognizance for the offences under Sections 147, 148, 149, 232, 307, 452 and 379 IPC has been taken against the petitioner and other co-accused. Therefore, this Court finds no illegality or error in the order impugned taking cognizance against the petitioner and the same requires no interference by this Court. So far as quashing of FIR in question is concerned, 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. [3] 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, no case for quashing the FIR No. 338/1992 registered at Police Station Kumher, District Bharatpur for the offences under Sections 147, 148, 149, 232, 307, 452 and 379 IPC , is made out. [4] Consequently, the misc. petition fails being devoid of merit and the same is hereby dismissed. (K.S. RATHORE)J. /KKC/ [5] S.B. CRIMINAL MISC. STAY APPLICATION NO. 1395/2005 IN S.B. CRIMINAL MISC. PETITION NO. 1165/2005 LEKHRAJ SINGH Vs. STATE OF RAJASTHAN & ANR. Date: 18.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. N.C. Sharma for the petitioner. Mr. Arun Sharma, 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/