K. Veeraswami vs Union Of India And Others on 25 July, 1991
The said Court has ruled that
relying upon the decision of the Supreme Court in K.
Veeraswamy Vs. Union of India reported in 1991(2)
Scale 150 & 170 to the effect that in the face of the
express language of the provision conferring concurrent
jurisdiction on the High Court and the Court of
Sessions, we do not find any jurisdiction in the High
Court declining to entertain the application u/s.438 of
Cr.P.C. on the ground that the party has not moved the
Court of Sessions in the first instance. The Division
9
Bench of the Andhra Pradesh High Court held that
Section 438 of Cr.P.C. can be invoked by the party, it is
his option either to go before the Sessions Court or to go
before the High Court. If he approaches the High
Court, he need not establish the special circumstance
or extraordinary circumstance calling upon the High
Court to exercise its jurisdiction.