Honlble ARORA, J. - (1.) BY this miscellaneous petition, the petitioner has prayed for quashing the First Information Report No. 417 of 1991 dated November 14, 1991, registered at Police Station, Kushalgarh (district Banswara), which was lodged by the Assistant Child Development Project Officer, Kushalgarh.
(2.) IT is contended by the learned counsel for the petitioner that the facts averred in the F. I. R. disclose the commission of only a non-cognizable offence and do not disclose the commission of cognizable offence and, therefore, the First Information Report, lodged at the Police Station, Kushalgarh, deserves to be quashed. In support of its case, the learned counsel for the petitioner has placed reliance on State of West Bengal and others vs. Swapan Kumar Guha and others (1 ). The learned Public Prosecutor, on the other, has submitted that the First Information Report, also, discloses the commission cognizable offence and, therefore, the First Information Report cannot be quashed and the investigation cannot be stopped. I have considered the rival submissions made by the learned counsel for the parties. It is not in dispute that the First Information Report can be quashed if the allegations made in the F. I. R. do not disclose the commission of a cognizable offence justifying the investigation made by the police officer under Section 156 (1) Cr. P. C. except under an order of a Magistrate within the purview of Section 155 (2) Cr. P. C. But where a case relates to two or more of the offences and at least one of them is cognizable then according to Section 155 (4) of the Code of Criminal Procedure, the 'case shall be deemed to be a cognizable case, notwithstanding the fact that the other offences are non-cognizable. After a careful reading of the First Information Report, it can be said that the averments made in the First Information Report disclose the commissioning of a cognizable as well as non-cognizable offences and in this view of the matter, this is a cognizable offence and, therefore, the investigating agency can proceed with the investigation and the First Information Report cannot be quashed. It has been held in the case of State of Haryana vs. Choudhary Bhajan Lal and others (2) that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the Court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the F. I. R. or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the Court to act according to its whim or caprice. The present is not a case where the averments made in the First Information Report do not disclose the commission of a cognizable offence. Consequently, I do not find any force in the miscellaneous petition and the same is, therefore, dismissed. .;