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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Disposed off as Withdrawn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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                      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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