Bombay High Court

SHREE BAHUBALI ZILLA NAGRI SAHAKARI PATHSANSTHA MYDTversusPRAKASH BABURAO CHOUDHARY AND ANR

Disposal: Disposed Off

Holding

The High Court held that the criminal appeal should be transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Shree Bahubali Zilla Nagri Sahakari Pathsanstha Mydt. Jaysingpur, filed a criminal appeal (No. 1063 of 2013) before the Bombay High Court. The appellant and the State, through their counsel, relied on a recent Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by a Sessions Court with appropriate jurisdiction. The High Court examined whether the appellate court possessed jurisdiction to continue the proceedings or whether a transfer was warranted. Relying on the precedent, the Court ordered that the proceedings be transferred to the competent Sessions Court for re‑registration and further hearing. The order also directed the Sessions Court to expedite the case, and the appeal and any interim applications were disposed of.

Issues considered

Whether the High Court has jurisdiction to continue the criminal appeal or should transfer it to a Sessions Court with appropriate jurisdiction.

Subjects

jurisdiction
transfer of proceedings
criminal appeal
Sessions Court
procedural law

Judgment

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1-APEAL-1063-2013 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. APPEAL NO. 1063 OF 2013

Shree Bahubali Zilla Nagri Sahakari
Pathsanstha Mydt. Jaysingpur. …...Appellant
VERSUS
Prakash Baburao Choudhary And Anr. …...Respondents

_________________________________________________________________

Mr. Shubham Dhenge i/b Mr. Manoj Patil, for Appellant.
Mr. S. H. Yadav, APP, for Respondent No.2 - State.
_________________________________________________________________

CORAM : ASHWIN D. BHOBE, J.
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
DATE : 16th SEPTEMBER, 2026.
2026.09.16
16:37:36
+0530
P.C.

1. Heard Mr. Shubham Dhenge, learned Advocate for the Appellant

and Mr. S. H. Yadav, learned APP for Respondent No.2 – 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 this

proceeding would now lay before the Sessions Court having jurisdiction.

They therefore request that this proceeding be transferred to the Sessions

Court having jurisdiction.

3. In view of the above, the following order is passed :-

Shantanu S. Dhudum
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1-APEAL-1063-2013 (CR).DOC

ORDER

(i) The present proceeding be transferred to the Sessions

Court, having jurisdiction;

(ii) The Registrar (Judicial) of this Court to take appropriate

steps for transferring these proceeding 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 proceeding and

thereafter proceed with the matter on its own merits and in

accordance with law.

(iv) Considering the proceeding which are now being

transferred has been pending for some time, the Sessions

Court to which this proceeding would be assigned is

requested to make an endeavour to expedite the

proceeding. Parties shall cooperate in the early disposal of

the proceeding.

4. Criminal Appeal No.1063 of 2013 is disposed of.

5. Interim Application, if any, is also disposed of.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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