1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR. O R D E R S.B.CRIMINAL MISC.PETITION NO.1845/2007. Sandeep Sanchetee Vs. State of Rajasthan & Anr. Date of Order :- 29/10/2010. HON’BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Neeraj Kumar Tiwari for petitioner. Shri N.R. Saran, Public Prosecutor for State. ******* BY THE COURT:- This criminal misc.petition u/S.482 Cr.P.C. has been filed by the accused petitioner assailing the interlocutory order of the appellate court dated 25/8/2007 by which, appeal submitted by the petitioner against the order of the trial court dated 31/7/2007 has been admitted and the said order of the trial court was stayed subject to deposit of 50% of the decreetal amount and submitting solvent security for rest 50% of the decreetal amount with the trial court within ten days. I have heard at length the learned counsel for the petitioner and have gone through 2 the impugned orders as well as the authorities referred to at the bar. It is well settled that the inherent powers vested in this court under Section 482 Cr.P.C. are to be and ought to be exercised sparingly and with circumspection to prevent the abuse of the process of the court or for securing the ends of justice. As held in Arun Lahoti & anr. Vs. State of Rajasthan & anr.- III [(2005) BC 470] relying upon the judgment of the Hon'ble Apex Court in the case of Rajanthi Vs. C.Ganesan- [(1999)6 SCC 326] these powers cannot be exercised as a substitute for second revision. In this petition, the self same grounds on which the appeal has been filed have been raised in seeking the same relief. So, the instant petition clearly tantamounts to second revision which is barred under Section 397(3) Cr.P.C. It is equally well settled that where there is a specific provision in the Code, the inherent powers under Section 482 Cr.P.C. cannot be resorted to unless there is gross abuse of the process of the court or it is otherwise expedient in the interest of justice to exercise these inherent powers to secure the ends of justice. The plain reading of the petition makes it manifest that no such case has been made out so as to call for and justify exercise of the inherent powers of this court. It may be pertinent to state here that the petitioner has not even 3 mentioned in this petition that there is any abuse of the process of the court. The order impugned is an interlocutory order staying order of the trial court subject to deposit of 50% of the decreetal amount and submitting solvent security for rest 50% of the decreetal amount with the trial court within ten days. Consequently, this criminal misc.petition u/S.482 Cr.P.C. being not maintainable deserves to be and is hereby dismissed. (MOHAMMAD RAFIQ), J. anil