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Bombay High Court

DILIP BABURAO HAVNURKARversusSANJAY @ GAURISHANKAR SIDRAM AKKALKOTE AND ANR

Disposal
Disposed Off

Holding

The proceedings must be transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Dilip Baburao Havnurkar, filed a criminal appeal challenging the jurisdiction of the Bombay High Court in a pending criminal matter. Both parties cited the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the case should be heard by a Sessions Court with appropriate jurisdiction. The learned counsel for the appellant and the State requested that the proceedings be transferred to such a Sessions Court. The Court, after considering the precedent and the need for jurisdictional propriety, ordered the transfer of the proceedings to the competent Sessions Court. It directed the Registrar to effect the transfer, instructed the Sessions Court to re‑register the case, issue notices, and expedite the matter, and disposed of the appeal and any interim applications.

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
  • criminal procedure
  • Sessions Court
  • appeal disposal

Judgment

                                                       29-APEAL-128-2014 (CR).docx


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION
                      CR. APPEAL NO. 128 OF 2014

Dilip Baburao Havnurkar                               … Appellant
                      Versus
Sanjay @ Gaurishankar Sidram Akkalkote                … Respondents
And Anr


                                ——————
Ms. Tooba Momin, Advocate for the Appellant.
Mr. C. D. Mali, APP for the Respondent - State
                                ——————

                                  Coram :     ASHWIN D. BHOBE, J.

                                  Date :      17th September 2026.

PER COURT :


1.      Heard Ms. Tooba Momin, learned Advocate for the Appellant and Mr.

C. D. Mali, 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 :-




Arjun                                 1
                                                                                       29-APEAL-128-2014 (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. 128 of 2014 is disposed of.

                           5.      Interim Application, if any, is also disposed of.




                                                                          [ ASHWIN D. BHOBE, J. ]
            Digitally signed
ARJUN   by ARJUN
        KRISHNA
KRISHNA RODGE
RODGE   Date: 2026.09.21
        11:29:20 +0530




                           Arjun                                  2


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