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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Allowed To be withdrawn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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