Section 438 CrPC Doesn't Mandate That Sessions Court Must Be Moved First; But Special Circumstances Must Be Shown To Directly Approach HC : Allahabad HC Full Bench [Read Judgment]

Akshita Saxena

4 March 2020 8:36 AM IST

  • Section 438 CrPC Doesnt Mandate That Sessions Court Must Be Moved First; But Special Circumstances Must Be Shown To Directly Approach HC : Allahabad HC Full Bench [Read Judgment]

    The bench further clarified that it was not inclined to "enumerate" the special circumstances.

    In a significant ruling, a 5-judge bench of the Allahabad High Court clarified that under special circumstances, a person apprehending arrest may approach the High Court directly seeking anticipatory bail, without approaching the Sessions court first. The decision has been rendered by a five-Judges bench comprising Chief Justice Govind Mathur and Justices Ramesh Sinha,...

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