JUDGMENT :

1. Heard Mr. A.M. Bora, learned senior counsel assisted by Mr. M More appearing on behalf of the petitioner. Also heard Mr. M Phukan, learned Public Prosecutor appearing for the respondent No.1 and Mr. K.N Choudhury, learned senior counsel assisted by Mr. D J Das, learned counsel appearing on behalf of the respondent No.2.

2. The present application under section 482 of the Cr.P.C. is filed assailing an order dated 26.10.2023 passed by the learned Additional Sessions Judge, No.2, Kamrup (M) Guwahati in anticipatory bail application being AB No.352/2023 filed by the respondent No.2 in connection with CID PS Case No.16/2023. By the impugned order the Learned Court called for the case diary.

3. The basic ground of challenge to such order is want of jurisdiction of the learned Additional Sessions Judge in entertaining an application under section 438 Cr.P.C on the alleged background that the respondent No.2 was arrested prior to filing of such application and he was only allowed transit bail by the learned court of learned Chief Metropolitan Magistrate (South), District Court, Saket to appear before the jurisdictional Magistrate.

4. This court while issuing notice of motion in t