Allahabad High Court
SHAKEEL AHMAD QURESHIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The High Court held that the applicant must first approach the Sessions Judge for anticipatory bail, and therefore dismissed the application.
Summary
The applicant, Shakeel Ahmad Qureshi, filed an anticipatory bail application before the Allahabad High Court under Section 482 of the Criminal Procedure Code, seeking relief without first approaching the Sessions Judge. The learned Additional Government Advocate raised a preliminary objection that the High Court lacked jurisdiction because the applicant had not first sought anticipatory bail from the Sessions Court. The applicant's counsel could not satisfactorily explain why the lower court was not approached. Consequently, the High Court dismissed the application, directing the applicant to file the bail/anticipatory bail petition before the Sessions Judge. Certified copies, if any, were to be returned to the applicant's counsel.
Issues considered
- Whether the High Court can entertain an anticipatory bail application under Section 482 when the applicant has not first approached the Sessions Judge.
- Whether the preliminary objection raised by the Additional Government Advocate regarding jurisdiction is valid.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482 CrPC
- preliminary objection
- jurisdiction
- High Court
- Sessions Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9529 of 2026
Shakeel Ahmad Qureshi
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Kumar, Saurabh Tripathi, Sr.
Advocate
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. The Learned A.G.A., at the outset, has raised a preliminary objection
by submitting that the applicant has directly approached this Court
without approaching the Sessions Judge for seeking anticipatory bail.
2. On being confronted with this objection, the Learned counsel for the
applicant has been unable to satisfactorily demonstrate to the Court as to
why he could not move application before the Sessions Judge for seeking
anticipatory bail.
3. In view of the above, this application is dismissed with liberty to the
applicant to approach the Sessions Judge for bail/anticipatory bail, as
advised.
4. Certified copies, if any, may be returned to the Learned counsel for the
applicant.
(Rajiv Lochan Shukla,J.)
September 29, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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