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2008 DIGILAW 562 (RAJ)

Hakumat Rai v. Central Bureau of Investigation

2008-02-22

K.S.RATHORE

body2008
JUDGMENT 1. - The petitioner by way of this criminal misc. petition under Section 482 Criminal Procedure Code has prayed for quashment of F.I.R. No.RC/JAI/2003A/0004 dated 7.3.2003 registered at Central Bureau of Investigation, Jaipur for the various offences. 2. Heard learned counsel for the petitioner, learned counsel appearing for the respondent C.B.I. and carefully gone through the material available on record as well as the contents of FIR. 3. The Hon'ble Supreme Court in the case of State of Bihar and Anr. v. Shri P.P. Sharma and Anr, AIR 1991 Supreme Court 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. 4. Similar view has been expressed by the Hon'ble Supreme Court in the case of Union of India and Ors. v. B.R. Bajaj and Ors. AIR 1994 Supreme Court 1256 where it has been observed by the Hon'ble Supreme Court that F.I.R. containing some important allegations which make out a cognizable offence at that stage and registration of F.I.R. was only beginning of investigation and quashing of F.I.R. 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 F.I.R. when same discloses commission of cognizable offence which had still to be investigated thoroughly by police. 5. Therefore, in view of the ratio decided by the Hon'ble Supreme Court in the cases of State of Bihar and Anr. v. Shri P.P. Sharma and Another (supra) and Union of India and Ors. v. B.R. Bajaj and Ors (supra) as also in the case of State of Haryana and Ors. v. Bhajan Lal and Ors. this Court do not find any merit in the instant misc. petition. No case for quashing the F.I.R. No. RC/JAI/2003A/0004 registered at Central Bureau of Investigation, Jaipur is made out. 6. Consequently, the misc. petition fails being devoid of merit and the same is hereby dismissed.Petition dismissed. *******