JUDGEMENT
BARBANS LAL.J. -
(1.) I have heard learned counsel for petitioner
Shankarlal, the learned Public Prosecutor on behalf of State on the
admission of this petition. I have also perused the impugned order dated
14 -1 -2003. passed by the learned Civil Judge (SD) and Addl. Chief Judicial Magistrate, Srimadhopur, Sikar on the Final Report No. 89/1999
in FIR No. 178/ 99 PS Srimadhopur, Sikar whereby cognizance has been
taken against the non petitioner No. 2 for the offence under Section 471
IPC only and no cognizance has been taken against other non petitioners
Nos. 3 to 6 for the offences under Sections 420. 468. 467. 471 and 120 -B
IPC.
(2.) IT is well settled law that scope and ambit of the inherent powers under Section 482 Cr. P.C. is very limited. The powers vested in
the High Court under Section 482 Cr. P.C. are to be exercised very
sparingly and with circumspection for the purposes mentioned therein. In
the instant case it cannot be said at this stage that court below has
committed any abuse of process of court or it is otherwise essential for
securing ends of justice to interference in the impugned order. It also
cannot be said that the interference by this court is called for giving
effect in any order under the Code of Criminal Procedure. The court below
has after consideration and discussion of the material on record passed
the impugned order and no ostensible error or perversity in the impugned
order is disclosed. If during trial further materials indicating the
involvement/complicity of remaining accused persons prima facie appear on
record and certain other offences are disclosed from the evidence adduced
during the trial, the petitioner may apply under Section 319 Cr. P.C. for
proceeding against them but on the materials on record, no case for
interference in the impugned order in exercise of powers of this court
vested under Section 482 Cr. P.C. appears to be made out and this
petition deserves to be disposed of accordingly.
Consequently, this petition is disposed of with the observation that if so advised, the petitioner may apply to the trial court at the
appropriate stage under Section 319 Cr. P.C. if incriminating materials
appear against other persons not arrayed as accused and certain other
offences are disclosed prima facie from the evidence recorded in the
trial of the case.
Petition dismissed.;
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