G.L. Oza J.

1. This is a petition filed by the petitioner under section 438 of the Code of Criminal Procedure.

2. According to the petitioner, an offence under section 436 IPC is registered against him and it is apprehended that he may be arrested and harassed as there is publicity created against the petitioner. He has also filed a pamphlet although he has also submitted an affidavit purporting to be of the person in whose name the pamphlet has been published, to show that the pamphlet has been wrongly published in his name.

3. Learned counsel for the State contended that although an offence under section 436 IPC is registered and investigation is going on, but there is nothing at present to indicate that there is any apprehension in the mind of the petitioner. However, it is contended that it may depend upon the result of the investigation as to whether a case is made out against the petitioner or not.

4. Learned counsel for the State raised a preliminary objection also contenting that as an application under sect ion 438 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') was filed before the Sessions• Court and has been rejected a second application under