IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.126 of 2011 Gajo Mandal Versus The State Of Bihar & Anr. ----------- 2/ 17/10/2011 Heard learned counsel for the petitioner as well as learned APP for the State. Petitioners, who are FIR named accused of Kurshela P.S. Case No. 18/2010, G.R. No.558/2010 have prayed for quashing of the FIR on the ground that the same has purposely been filed by the informant, who, on the alleged date and time of occurrence had attempted unsuccessfully to ravish daughter of one of the petitioners, Gajo Mandal for which Tikapatti P.S. Case No. 15/2010 was registered under Section 376 /511 of the IPC. Admittedly, the investigation is going on. Whether at this stage, Court can interfere, for which I would like to refer 2006 1 SCC (Cri) 324 where in at paragraph-2, it has been observed like this:- “ By the impugned 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 2 investigation. At this stage, we wish to say no more lest it may prejudice the parties”. In another decision reported in (2007)14 SCC 497 at paragraph-3, the Hon’ble Apex Court has reiterated in the following manner:- “ Having heard the parties and perused the record. 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 respondents, Laxmi Dhaul”. Thus, taking into account the principle enunciated by the Hon’ble Apex Court, I do not find any merit in this petition and it is accordingly dismissed. However, the petitioner will be at liberty to raise the issue on an appropriate stage. perwez (Aditya Kumar Trivedi,J.)