In Uttar Pradesh High Court in CRIMINAL MISC. APPLICATION NO.6478 of 2019 (BAIL), Harendra Singh @ Harendra Bahadur vs The State of U.P., has held that anticipatory bail application filed under Section 438 of Criminal Procedure Code is not maintainable before the High Court without exhausting remedy before the Court of Sessions, unless there are ‘extraneous or special reasons’ and f a party chooses to file petition before the High Court first, he/she has to explain why he has come to the High Court directly.
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