IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11217 of 2011 Shyam Nandan Prasad s/o Late Gobind Prasad r/o village- Nawagarhi P.S. Civil Line, District-Gaya. Versus 1.The State Of Bihar 2. Ram Nandan Prasad s/o Late Gobind Prasad r/o village- Nawagarhi, Devi Asthan, P.S. Civil Line, District-Gaya. ------- 2/ 17th November 2011 Heard Mr. Ajay Kumar Sinha, learned counsel for the petitioner as well as learned APP for the State. 2. Petitioner has filed instant petition for quashing of FIR to the extent of covering an allegation attracting Section 307, 379 of the IPC. 3. During course of argument, the learned counsel for the petitioner tried to impress upon the court to substitute the investigating authority and act thereof because the investigation is still pending. 4. Learned APP opposed and submitted that the court in its inherent jurisdiction is precluded to interfere during investigation. 5. The Hon’ble Apex Court times without number by catena of decisions has held that investigation should not be interfered with and for that the following cases are incorporated herein below:- (1).2006 (1) SCC (Cri) 324 By the impugned 2 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. (2).2007 14 SCC 497 Having heard the parties and perused the records, 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 respondent Laxmi Dhaul. 6. Thus, taking into account the totality of event, I do not see any merit in this petition and it is accordingly rejected. perwez ( Aditya Kumar Trivedi, J.)