Bombay High Court
Mahesh Maruti BhaktureversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- Allowed To be withdrawn
Holding
The appeal lies before the Sessions Court and must be transferred accordingly.
Summary
Mahesh Maruti Bhakture filed an application for leave to appeal against a decision of the State of Maharashtra. The applicant’s counsel relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025) to argue that the appeal should be heard by the Sessions Court. The High Court examined the precedent and agreed that the appeal lay before the Sessions Court. Consequently, the Court disposed of the leave application and ordered the transfer of the pending appeal to the Sessions Court, Kolhapur, directing the registrar to effect the transfer and urging speedy disposal. No further proceedings remain before the High Court.
Issues considered
- Whether, in light of the Supreme Court’s ruling in Celestium Financial v. A. Gnanasekaran, the appeal filed by the applicant lies before the Sessions Court rather than the High Court
Subjects
- transfer of jurisdiction
- appellate jurisdiction
- criminal procedure
- leave to appeal
- Supreme Court precedent
Judgment
10-ALP-111-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
APPLICATION FOR LEAVE TO APPEAL(PVT.) NO. 111 OF 2022
Mahesh Maruti Bhakture Applicant
…
versus
State of Maharashtra and another … Respondents
…..
Mr. Ashutosh Kale, a/w Mr. J.V. Khade, Advocates for the Applicant.
Mr. Anand S. Shalgaonkar, A.P.P., for Respondent No.1 – State.
Digitally
signed by
SHAILAJA
SHRIKANT
SHAILAJA
SHRIKANT
HALKUDE
…..
HALKUDE Date:
2026.09.19
13:26:18
+0530
CORAM : ABHAY J. MANTRI, J.
DATED : SEPTEMBER 17, 2026
PER COURT:
1. Learned Advocate for the Applicant/Appellant has submitted
that, in view of the dictum laid down in the judgment of the Hon’ble
Supreme Court in Celestium Financial versus A. Gnanasekaran, [2025 SCC
OnLine SC 1320], the Appeal would lie before the learned Sessions Court and,
therefore, he urged for disposal of the Application by transferring the Appeal to the
learned Sessions Court, Kolhapur.
2. Having considered his submissions and the law laid down by the
Hon’ble Supreme Court in Celestium Financial (supra), I pass the following
order;
Shailaja Page 1 of 2
10-ALP-111-2022.odt
:ORDER:
3. (a) In view of the above, the Application is disposed of.
And the Appeal/present proceedings be transferred to the
learned Sessions Court, Kolhapur.
(b) Officer on Special Duty/Incharge Registrar(J) is
directed to take appropriate steps for transferring these
proceedings to the learned Sessions Court, Kolhapur.
(c) Having considered the pendency of this Application/
Appeal since 2022, the learned Sessions Court is directed to
make an endeavour to dispose of the proceedings as
expeditiously as possible.
4. In view of the above, no proceedings are pending before this Court.
(ABHAY J. MANTRI, J.)
Shailaja Page 2 of 2
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