Bombay High Court
SANDEEP SHAKAR JAKNAIKversusANNARAO RAMCHANDRA AALURE AND ANR
- Disposal
- Disposed Off
Holding
The High Court held that the criminal proceedings must be transferred to the Sessions Court having jurisdiction in accordance with the Supreme Court precedent.
Summary
In Criminal Appeal No. 1058 of 2014, the appellant Sandeep Shakar Jaknaik sought relief against the respondents Annarao Ramchandra Aalure and others. The learned counsel for both sides relied on the Supreme Court’s decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be tried before a Sessions Court having jurisdiction. The High Court examined whether it retained jurisdiction or was required to transfer the case. Relying on the Supreme Court precedent, the Court concluded that the proceedings must be transferred to the appropriate Sessions Court. Accordingly, an order was issued directing the Registrar to effect the transfer, directing the Sessions Court to re‑register and expedite the case, and disposing of the appeal.
Issues considered
- Whether the High Court has jurisdiction to continue the criminal proceedings or must transfer them to a Sessions Court having jurisdiction
- Whether the Supreme Court’s decision in Celestium Financial Ltd. v. A. Gnanasekaran is applicable to the present appeal
Subjects
- jurisdiction
- transfer of proceedings
- sessions court
- criminal appeal
- precedent
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN
GOPAL Date:
14) APEAL-1058.14 (CR).DOCX
CHANDAN 2026.08.27
20:29:55
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1058 OF 2014
Sandeep Shakar Jaknaik : Appellant
VERSUS
Annarao Ramchandra Aalure and anr : Respondents
______________________________________________________
Mr. Anant Vadgaonkar for the Appellant.
Mr. S. S. Choudhari, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 27 AUGUST 2026
PC:-
1. Heard learned Advocate for the Appellant and learned APP
for the Respondent – State.
2. Learned Advocates for the parties, 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, submit that these proceedings would now lay before the
Sessions Court having jurisdiction. They therefore request 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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14) APEAL-1058.14 (CR).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. 1058 of 2014 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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