USMAN ALI KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner has filed this petition under section 438, Cr.P.C. with a prayer for grant of anticipatory bail. Offence alleged against the petitioner is punishable under Section 366, I.P.C. Considering serious nature of offence alleged, when I was about to direct the petitioner to first move the learned Sessions Judge for anticipatory bail, Mr. A.K. Acharya, learned counsel appearing on behalf of the petitioner, submitted that the learned Sessions Judges as also the learned Additional Sessions Judges are not receiving the applications under Section 438, Cr. P.C. According to him, whenever applications under Section 438, Cr. P.C. are filed before the learned Sessions Judges in the State, the learned Sessions Judges are asking the applicants to move the High Court. If the statement made by Mr. Acharya that the learned Sessions Judges and the Additional Sessions Judges are not entertaining the applications filed under Section 438, Cr.P.C. is correct, then it has to be said that such an approach on the part of the learned Sessions Judges and the Additional Sessions Judges is only incorrect, contrary to Section 438, Cr.P.C., and also an act refusing to exercise the powers conferred on them.

(2.) Section 438, Cr.P.C. reads as under :

(3.) With the above observation, the petition is disposed of directing the petitioner to first move the learned Sessions Judge for necessary relief. Let' copies of this order be sent to all the Sessions Judges in the State for their guidance. Criminal Misc. Case disposed of.