Bombay High Court

NAJMA MOHOMMAD KHOCHIKARversusKASHINATH RAU BHOGAM AND ANR

Disposal: Disposed Off

Holding

The High Court ordered that the pending criminal appeals be transferred to the Sessions Court having jurisdiction.

Summary

The appellants, Najma Mohommad Khochikar (and co‑appellants), filed criminal appeals (Nos. 1163‑1165 of 2011) before the Bombay High Court challenging earlier orders. The respondents, Kashinath Rau Bhogam and others, were represented by the State. Both parties relied on the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matters should be heard by a Sessions Court having appropriate jurisdiction. The Court, after hearing counsel, ordered that the pending appeals be transferred to the competent Sessions Court for re‑registration and further disposal. It directed the Registrar to effect the transfer and instructed the Sessions Court to expedite the proceedings. The appeals and any interim applications were consequently disposed of pending transfer.

Issues considered

Whether the pending criminal appeals should be transferred to a Sessions Court having jurisdiction
Whether the Supreme Court precedent in Celestium Financial Ltd. v. A. Gnanasekaran mandates such transfer

Subjects

jurisdiction
transfer of proceedings
criminal appeal
sessions court
procedural order

Judgment

15-APEAL-1163-2011 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 1163 OF 2011
Najma Mohommad Khochikar … Appellant
Versus
Kashinath Rau Bhogam And Anr … Respondents
WITH
CR. APPEAL NO. 1164 OF 2011
Najma Mohommad Chochikar … Appellant
Versus
Kashinath Rau Bhogam And Anr … Respondents
WITH
CR. APPEAL NO. 1165 OF 2011
Najma Mohommad Khochikar … Appellant
Versus
Kashinath Rau Bhogam And Anr … Respondents
——————
Mr. Bhushan Jadhav a/w Rajvardhan Rane i/b Chetan Patil, Advocate for the
Appellant.
Mr. N. B. Patil, APP for the Respondent – State.
——————

Coram : ASHWIN D. BHOBE, J.

Date : 17th September 2026.

PER COURT :

1. Heard Mr. Bhushan Jadhav, learned Advocate for the Appellant and

Mr. N. B. Patil, learned APP for the Respondent – State.

Arjun 1
15-APEAL-1163-2011 (CR).docx

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.
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.

Arjun 2
15-APEAL-1163-2011 (CR).docx

4. Criminal Appeal Nos. 1163 of 2011, 1164 of 2011 and 1165 of 2011
are disposed of.

5. Interim Applications, if any, are also disposed of.

[ ASHWIN D. BHOBE, J. ]

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.21
11:05:50
+0530

Arjun 3

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