Md. Osman v. The State Of Telangana

HONOURABLE SRI JUSTI CE SANJAY KUMAR CRI MI NAL PETI TI ON No.1525 OF 2019 O R D E R:

The petitioners are A.2 to A.6 in Crime No.22 of 2019 on the file of IT Carridor Police Station, Cyberabad, registered under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. They filed this application under Section 438 CrPC seeking anticipatory bail. It is an admitted fact that the petitioners have not approached the Sessions Court. Though concurrent jurisdiction is conferred upon the High Court and the Sessions Court under Section 438 CrPC, it has always been the tradition and practice of this Court and earlier, the erstwhile common High Court for the States of Telangana and Andhra Pradesh and the former High Court of Andhra Pradesh, to insist upon the accused first approaching the Sessions Court and only thereafter, coming before this Court. Judicial hierarchy also requires such a step being taken.

On this short ground, this Criminal Petition is dismissed leaving it open to the petitioners to approach the Sessions Court concerned. ____________________ JUSTI CE SANJAY KUMAR March 22, 2019.

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