S.B. Criminal Misc. Petition No.926/2010 Prahlad @ Cheetar Mal Sharma Vs. State of Raj. Dated : 14.05.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. S.R. Surana, for the petitioner. Mr. Paresh Choudhary, PP for the State. *** By way of the instant criminal misc. petition filed under Section 482 of Cr.P.C., the petitioner has implored the prosecution to be directed to produce the original document (succession certificate), which has been lying in the case diary, in reference to the orders dated 17th May, 2006 and 20th June, 2008 passed by Additional Chief Judicial Magistrate No.4, Jaipur City, Jaipur and Additional Sessions Judge (Fast Track) No.3, Jaipur City, Jaipur respectively. Heard learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and carefully perused the relevant material on record. During arguments, on being asked, the learned counsel for the petitioner submitted that he did not file any application before the learned trial Court imploring to direct the prosecution for producing the original document (Succession certificate), which was lying in the case diary. It seems that the petitioner has straightaway invoked the provisions of Section 482 of Cr.P.C., instead of filing an application before the competent court. In fact, as per the provisions of the law, he ought to have filed an application before the learned trial Court but the same is not found to have been done. The powers under Section 482 of Cr.P.C. are to be exercised sparingly in the rarest of the rare cases and that too with circumspection. When the efficacious remedy was available for the petitioner, he ought to have availed the same instead of invoking inherent powers of the High Court under Section 482 of Cr.P.C. Hence, in my view, the petition does not seem to be maintainable and the same deserves to be dismissed. For the reasons stated above, the petition filed under Section 482 of Cr.P.C. stands dismissed. However, the petitioner may file an application before the learned trial Court making the same prayer and the learned trial court is directed to consider and decide the application in accordance with the provisions of law. (MAHESH BHAGWATI)J. Pcg