Bombay High Court
ASHOK KASHABA JADHAVversusNILKANTH N. SHINDE AND ANR.
- Disposal
- Disposed Off
Holding
The appeal is transferred to the Sessions Court having jurisdiction, and the appeal is disposed.
Summary
The appellant, Ashok Kashaba Jadhav, was absent from the hearing of Criminal Appeal No. 114 of 2015. The State’s counsel, Ms. Shubhangi N. Deshmukh, cited the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025) to argue that the matter should be before a Sessions Court with appropriate jurisdiction. The High Court agreed and ordered the transfer of the proceedings to the competent Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register, notify the parties, and expedite the case. The appeal and any interim applications were subsequently disposed of. The order emphasizes procedural compliance and cooperation for early disposal.
Issues considered
- Whether the High Court has jurisdiction to hear the criminal appeal or it should be transferred to a Sessions Court
- 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 law
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN
919-APEAL-114-2015 (CR).DOCX
CHANDAN Date:
2026.08.24
19:31:23 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 114 OF 2015
Ashok Kashaba Jadhav : Appellant
VERSUS
Nilkanth N. Shinde And Anr. : Respondents
______________________________________________________
None for the Appellant.
Ms. Shubhangi N. Deshmukh, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 21 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. 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. She therefore submits 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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919-APEAL-114-2015 (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. 114 of 2015 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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