Section-438 CrPC does not mandates an aggrieved person to move to session’s court first, special circumstance must be shown to directly approach High Court


A five-judge bench of the Allahabad High Court (hereinafter referred to as “the court”) stated in a significant ruling that, under special circumstances, an individual apprehending arrest may approach the High Court directly instead of the sessions court in order to seek anticipatory bail.

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