Order. 2.11.4.85, Heard Mr. Braj Kishore Prasad for the petitioner and learned Advocate General for the State. 2. In the clash of the stand of the petitioner and prosecution and in the mess of documents relied upon by parties, it would be appropriate that the Sessions Court would look into the matter before granting anticipatory bail. It is, therefore, only appropriate that the matter should be considered by the Sessions Judge. 3. Learned counsel for the petitioner states that the designated Sessions Judge, i.e. District and Sessions Judge, Dumke will not have jurisdiction to grant anticipatory bail and, therefore, the petitioner cannot get any relief except in the High Court under section 438 of the Code of Criminal Procedure. 4. The submission is ill founded. The jurisdiction or this Court and Sessions Court is coterminous. The application for anticipatory bail may be entertained at any of the two forums. On that observation being made, learned counsel for the petitioner stated that this matter will be dealt with by the Special Judge and not by the designated Sessions Judge. The answer of this difficulty of the petitioner is to be found under section 12-AC of the Essential Commodities Act. 1955 which reads as follows: “12AC-Application of Code to proceedings before a Special Court - Save as otherwise provided in this Act the provisions of the Code (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of the said provisions the Special Court shall be deemed to be a Court of Sessions and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor." From the above provisions, it will be seen that a Special Court shall be deemed to be a Court of Sessions. The Special Judge, Damka will, therefore, be a Sessions Court within the meaning of section 438 of the Code of Criminal Procedure. The provisions as to bail and bonds in the Code of Criminal Procedure have been made applicable to this Court as well. In that view of the matter, the Special Judge, Dumka will have the same power of entertaining an application for grant of anticipatory bail as this Court. The Special Judge will be in a better position to adjudge about the authenticity of documents. 5.
In that view of the matter, the Special Judge, Dumka will have the same power of entertaining an application for grant of anticipatory bail as this Court. The Special Judge will be in a better position to adjudge about the authenticity of documents. 5. The petitioner may; therefore move Special Judge, Dumka for gram of bail in anticipation of his arrest. The Special Judge will apply himself to such an application if filed and pass appropriate orders so that unnecessary hardship is avoided, 6. The application is permitted to be withdrawn with the above observations. Application withdrawn.