Bombay High Court
HEMANT YASHWANT RAORANEversusSUDHIR SUBHASH CHOUKEKAR AND ANR
- Disposal
- Disposed Off
Holding
The proceedings are to be transferred to the Sessions Court having jurisdiction.
Summary
Hemant Yashwant Raorane filed Criminal Appeal No. 103 of 2014 before the Bombay High Court, but neither he nor his counsel appeared in person or via video conference. The State, through counsel Mr. Chandrakant D Mali, relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be before the Sessions Court having jurisdiction. The Court examined the precedent and concluded that the High Court lacked jurisdiction to continue the proceedings. Accordingly, it ordered that the case be transferred to the appropriate Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register, issue notices, and expedite the matter. The appeal and any interim applications were thereafter disposed of.
Issues considered
- Whether the criminal proceedings pending before the High Court should be transferred to the Sessions Court having jurisdiction in view of the Supreme Court decision in Celestium Financial v. A. Gnanasekaran
Subjects
- transfer of jurisdiction
- criminal appeal
- sessions court
- procedural order
- high court
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (11) APEAL-103-14.DOCX
CHANDAN Date:
2026.08.25
16:33:22 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 103 OF 2014
Hemant Yashwant Raorane : Appellant.
Versus
Sudhir Subhash Choukekar and anr. : Respondents.
______________________________________________________
None for the Appellant.
Mr. Chandrakant D Mali, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 25 AUGUST 2026
PC:-
1. When this matter is called out, neither the Appellant nor the
Advocate for the Appellant are present physically or through V. C.
mode.
2. Learned APP for the Respondent – State, by referring to the
decision of the Hon’ble Supreme Court in the case of Celestium
Financial Vs. A. Gnanasekaran Etc., reported in 2025 SCC OnLine
SC 1320, submits that these proceedings would now lay before the
Sessions Court having jurisdiction. He therefore submits that these
proceedings be transferred to the Sessions Court having
jurisdiction.
3. In view of the above, the following order is passed :-
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(11) APEAL-103-14.DOCX
(i) The present proceedings be transferred to the Sessions
Court, having jurisdiction;
(ii) The Registrar (Judicial) of this Court to take appropriate
steps for transferring these proceedings to the Sessions
Court, having jurisdiction;
(iii) The Sessions Court, to which these proceedings would be
transferred or assigned, after re-registration of the same,
shall issue notice to the parties to the said proceedings
and thereafter proceed with the matter on its own merits
and in accordance with law.
(iv) Considering the proceedings which are now being
transferred have been pending for some time, the
Sessions Court to which these proceedings would be
assigned is requested to make an endeavour to expedite
the proceedings. Parties shall cooperate in the early
disposal of the proceedings.
4. Criminal Appeal No. 103 of 2014 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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