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Bombay High Court

MUKESH GANPATRAO SARNOBATversusRAJSINHA VISHWASRAO SHINDE AND ANR

Disposal
Disposed Off

Holding

The proceedings are transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Mukesh Ganpatrao Sarnobat, was absent when the matter was called before the Kolhapur Circuit Bench of the Bombay High Court. The respondent, Rajsinha Vishwasrao Shinde, was represented by Advocate Bhushan Jadhav, who, relying on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), argued that the case should be heard by the Sessions Court having jurisdiction. The Court agreed and ordered the transfer of the proceedings to the appropriate Sessions Court. It directed the Registrar to effect the transfer and instructed the Sessions Court to re‑register the case, issue notices, and expedite the matter. Consequently, Criminal Appeal No. 1082 of 2011 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 the Sessions Court having jurisdiction
  • Whether the Supreme Court precedent in Celestium Financial v. A. Gnanasekaran mandates transfer of such proceedings

Subjects

  • jurisdiction
  • transfer of proceedings
  • criminal appeal
  • Sessions Court
  • procedural order

Judgment

            Digitally signed
            by LAXMIKANT
LAXMIKANT   GOPAL                                                  3) APEAL-1082.11 (CR).DOCX
GOPAL       CHANDAN
CHANDAN     Date:
            2026.08.27
            20:30:20 +0530                                                                   lgc
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIRCUIT BENCH AT KOLHAPUR
                                         CRIMINAL APPELLATE JURISDICTION

                                          CRIMINAL APPEAL NO. 1082 OF 2011

                          Mukesh Ganpatrao Sarnobat                            : Appellant
                                VERSUS
                          Rajsinha Vishwasrao Shinde and anr.                  : Respondents.

                          ______________________________________________________
                          None for the Appellant.
                          Mr. Bhushan Jadhav i/by Mr. Chetan Patil for Respondent No.1.
                          Mr. S. H. Yadav, APP for Respondent No.2
                          ______________________________________________________

                                                    CORAM : ASHWIN D. BHOBE, J.

                                                       DATED :   27 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.      Mr. Bhushan Jadhav, learned Advocate for the Respondent
                          No.1 and 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. They therefore
                          submits that     these proceedings be transferred to the Sessions
                          Court having jurisdiction.

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


                                                             1
                                          3) APEAL-1082.11 (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. 1082 of 2011 is disposed of.

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




                                             (ASHWIN D. BHOBE, J.)




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