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Judgment
Prayer in this petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.260 dated 19.05.2018 registered
under Sections 186, 506, 34 IPC at Police Station Sector 50, Gurugram, District Gurugram.
Learned State counsel has argued that without having been approached the Sessions Court for the relief claimed in the petition, the petitioner has
straightaway approached this Court.
I have heard learned counsel for the parties.
No doubt under Section 438 of Cr.P.C., there is a concurrent jurisdiction to approach this Court to seek the relief of anticipatory bail, but this Court
finds that instead of straightaway approaching this Court, the petitioner should have approached the Sessions Court.
Faced with this, learned counsel for the petitioner prays for withdrawal of present petition and states that till the time petitioner approaches the
Sessions Court, he may be granted interim protection.
Dismissed as withdrawn.
In case the petitioner files a petition under Section 438 Cr.P.C. before the Sessions Court within 10 days from today, the interim order dated
13.06.2018 passed by this Court shall remain in force till filing of the petition.