Bombay High Court
ANIL AADGONDA LANDEversusDIPAK BALASO KOLE AND ANR.
- Disposal
- Disposed Off
Holding
The proceedings are to be transferred to the Sessions Court having jurisdiction.
Summary
The appellant, Anil Aadgonda Lande, filed a criminal appeal against respondents Dipak Balaso Kole and others. Both parties argued that, following the Supreme Court's decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), the matter should be heard by the Sessions Court having jurisdiction. The High Court, after hearing counsel, agreed that the Supreme Court precedent warranted a transfer. Accordingly, the Court ordered the transfer of the proceedings to the appropriate Sessions Court, directing the Registrar to effect the transfer and the Sessions Court to re‑register and expedite the case. The appeal and any interim applications were thereafter disposed.
Issues considered
- Whether the High Court can transfer criminal appeal proceedings to a Sessions Court having jurisdiction in view of the Supreme Court decision in Celestium Financial v. A. Gnanasekaran.
- Whether the Supreme Court precedent mandates such a transfer for the present matter.
Subjects
- transfer of jurisdiction
- criminal appeal
- Sessions Court
- Supreme Court precedent
- procedural law
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN
GOPAL Date: 920-APEAL-121-2015 (CR).DOCX
CHANDAN 2026.08.24
18:38:36
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 121 OF 2015
Anil Aadgonda Lande : Appellant
VERSUS
Dipak Balaso Kole And Anr. : Respondents
__________________________________________________________
Adv. Siyal Magdum a/w Advocates Benazir Jamadar and
Pankajsinh Deshmukh for the Appellant.
Mr. S. S. Choudhari, APP for the Respondent – State.
__________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 21 AUGUST 2026
PC:-
1. Heard learned Advocate for the Appellant and learned APP
for the Respondent – 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. 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 :-
1
920-APEAL-121-2015 (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.121 of 2015 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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