Bombay High Court
PRASHANT BABURAO BHINGARDIVEversusAMIT DILIP CHOUDHARI AND ANR
- Disposal
- Disposed off as Withdrawn
Holding
The Court held that the proceedings must be transferred to the Sessions Court having jurisdiction in accordance with the Supreme Court precedent.
Summary
The appellant, Prashant Baburao Bhingardive, filed a criminal appeal before the Bombay High Court seeking transfer of the proceedings to a Sessions Court with appropriate jurisdiction. The appellant's counsel, citing the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), argued that the matter should be heard by the Sessions Court. The respondents, represented by counsel for both the private party and the State, did not contest the request for transfer. The Court, agreeing with the Supreme Court precedent, ordered that the proceedings be transferred to the competent Sessions Court and directed the registrar to effect the transfer. It further instructed the Sessions Court to re‑register the case, issue notices, and expedite the matter. Consequently, the appeal and any interim applications were disposed of.
Issues considered
- Whether the criminal proceedings pending before the High Court should be transferred to a Sessions Court having jurisdiction.
Subjects
- jurisdiction
- transfer of proceedings
- sessions court
- criminal appeal
- procedural law
Judgment
2-APEAL-1086-2018 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 1086 OF 2018
Prashant Baburao Bhingardive … Appellant
Versus
Amit Dilip Choudhari & Anr. … Respondents
——————
Mr. Rahul S. Kate (Through V.C.) a/w. Mr. Abhijit Pasale for the Appellant.
Ms. Swarrali B. Chougule i/b. Mr. Shailesh Chavan for the Respondent No.1.
Mr. Nitin B. Patil, A.P.P. for the Respondent No.2-State.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 31st August 2026.
PER COURT :
1. Heard Mr. Rahul Kate, learned Advocate for the Appellant, Ms.
Swarrali Chougule, learned Advocate for the Respondent No.1 and Mr. Nitin
Patil, learned A.P.P. for the 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 these
proceedings would now lay before the Sessions Court having jurisdiction.
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2-APEAL-1086-2018 (CR).docx
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 :-
(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. 1086 of 2018 is disposed of.
5. Interim Application, if any, is also disposed of.
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date: [ ASHWIN D. BHOBE, J. ]
2026.08.31
20:00:57
+0530
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