The State Of Telangana v. B.Prakash Chand Saxena

HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.2362 of 2017 ORDER:

This Criminal Petition under Sections 439(2) Cr.P.C is filed by the petitioner to cancel the anticipatory bail, dated 09.03.2017, granted to accused Nos.3 to 5 in Crl.M.P.No.685 of 2017 in Cr.No.27 of 2017 by the II-Additional Metropolitan Sessions Judge, Hyderabad, on various offences.

The present petition is filed straight away before this Court without approaching the Sessions Court, which granted bail to the accused. In such a case, it is appropriate to direct the petitioner herein to approach the Sessions Court to file an application for cancellation of anticipatory bail, since the interference of this Court under Section 439(2) Cr.P.C. for cancellation or quashment of bail is limited. Therefore, leaving it open to the petitioner to file appropriate application before the II-Additional Metropolitan Sessions Judge, Hyderabad.

With the above observation, this Criminal Petition is disposed of.

Miscellaneous petitions, if any, pending in this case, shall stand closed.

___________________________________ M. SATYANARAYANA MURTHY, J 20th April 2017 mar