Chandra Dhari Singh, J. - (1.) Heard learned Counsel for the applicant and learned A.G.A.
(2.) By means of instant application filed under Section 438 of Cr.P.C., the applicant has sought anticipatory bail in Case Crime No.476 of 2019, under Sections 419, 420, 467, 468, 471 IPC lodged at Police Station Kotwali Nagar, District Raebareli.
(3.) Before adverting to the factual matrix of this case and to ascertain as to whether the applicant is entitled for grant of anticipatory bail or not; a serious legal question has been raised before this Court by the learned A.G.A. that the applicant without exhausting the remedy under Section 438 of Cr.P.C. before the jurisdiction Sessions Court, has directly approached this Court. Therefore, the application is not maintainable and the applicant has to be relegated to the Court of Sessions first and then he can approach this Court. In this background, the legal question that arises for consideration of this Court is that - "Whether the application filed under Section 438 of Cr.P.C. is maintainable before the High Court without exhausting remedy under the said provision before the Court of Sessions which has concurrent jurisdiction with that of the High Court?";