TaxTMI 
TaxTMI 
2019 (7) TMI 1817
X X X X Extracts X X X X
X X X X Extracts X X X X
....Mr. S.S. Rajput, counsel for the Applicant (in M.Cr.C.(A) No. 1016 of 2019. Mr. Awadh Tripathi, counsel for the Applicant (in M.Cr.C.(A) No. 1020 of 2019. Mr. D.P. Singh, Dy. A.G. for the State. Heard on maintainability of application under Section 438 of Cr.P.C filed directly before the High Court. It is submitted by the counsels for the applicants that on plain reading of Section 438 of C....
X X X X Extracts X X X X
X X X X Extracts X X X X
....diction of High Court and Sessions Court, placing reliance on the judgment of Supreme Court in Gurbaksh Singh Sibba etc. Vs. State of Punjab reported in AIR 1980 SC 1632. It is argued that there is mention of Full Bench judgment of Himachal Pradesh High Court in Mohan Lal & Ors. Vs. Prem Chand & Ors. , reported in AIR 1980 Himachal Pradesh 36, in which it was held that in case of anticipatory bail....
X X X X Extracts X X X X
X X X X Extracts X X X X
....th have concurrent jurisdiction under Section 438 of Cr.P.C. Reliance has also been placed on the judgment of High Court of Gauhati in Sri Kwmta Gwra Brahma Vs. State of Assam, dated 10.04.2015 in B.A. No.3024 of 2014. Counsel for the respondent/State submits that it is practice continuing that persons seeking anticipatory bail first make an approach before the Sessions Court and thereafter in ca....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nsel for the respondents that applications filed directly before this Court under Section 438 of Cr.P.C. are not maintainable. On perusal of the judgment in Mubarik and another (supra), which has clearly dealt with question of concurrent jurisdiction of High Court and Sessions Court under Section 438 of Cr.P.C. and answered it, it appears that law is well settled that if a party chooses to move s....