S.B. Cr. Misc. Petition No.659/2009 Jagannath Vs. State of Raj. & Ors. Dated : 27.01.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Rajat Ranjan, for the petitioner. *** Having heard the learned counsel for the parties and carefully perused the impugned order dated 18th November, 2008 and order dated 1st February, 2005 passed by the Judicial Magistrate, Laxmangarh, it is noticed that a dispute has been pending in Civil Court with regard to Hindu Undevided Family property between the brothers. Learned Additional Sessions Judge has rightly observed in the impugned order that if the respondent had disobeyed the stay orders passed by this Court then the plaintiff could have filed a contempt petition before the Court, but from no stretch of imagination the facts as enumerated do constitute any offence under Section 420 of IPC. One FIR came to be registered with the Police Station but police after completion of investigation gave a final report, unoccurred. The learned counsel for the petitioner wants that the trial Court should take cognizance of the offence and proceed against the respondent, but, there does not seem to be any material on record which may constitute any offence under the Indian Penal Code. It has been -2- consistently held by the Apex Court in umpteen cases that the powers under Section 482 of Cr.P.C. are required to be sparingly used with circumspection. I do not find any force in the arguments advanced by the learned counsel for the petitioner and the criminal misc. petition is found to be devoid of force, as such, the same deserves to be dismissed, in limine. For the reasons stated above, the criminal misc. petition being bereft of merit stands dismissed at the threshold. (MAHESH BHAGWATI)J. Pcg