Bombay High Court
SHIRISH SHRIPATRAO MOHITEversusVASANTRAO B. PATIL AND ORS.
- Disposal
- Disposed Off
Holding
The appeal is transferred to the Sessions Court, Sangli, as the appropriate forum for adjudication.
Summary
The appellant, Shirish Shripatrao Mohite, filed a criminal appeal (No. 1305 of 2006) that had been pending before the Bombay High Court since 2006. The appellant's counsel argued that, following the Supreme Court's decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), the appeal should be heard by a Sessions Court. The learned High Court judge examined the Supreme Court precedent and agreed that the jurisdiction lay with the Sessions Court. Consequently, an order was issued transferring the appeal to the Sessions Court in Sangli and directing the registrar to effect the transfer. The judge also instructed the Sessions Court to expedite disposal of the long‑pending matter.
Issues considered
- Whether the criminal appeal pending before the High Court should be transferred to the Sessions Court in view of the Supreme Court's ruling in Celestium Financial v. A. Gnanasekaran.
Subjects
- jurisdiction
- criminal appeal
- transfer of proceedings
- Supreme Court precedent
- pending litigation
Judgment
8-APEAL-1305-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1305 OF 2006
Shirish Shripatrao Mohite Appellant
…
versus
Vasantrao B. Patil and others … Respondents
…..
Mr. Akshay Kulkarni h/f Mr. A.M. Kulkarni, for the Appellant.
Digitally
Mr. Anand S. Shalgaonkar, A.P.P, for Respondent No.3 – State.
signed by
SHAILAJA
SHAILAJA SHRIKANT
SHRIKANT
HALKUDE
HALKUDE
Date:
…..
2026.09.19
13:26:18
+0530
CORAM : ABHAY J. MANTRI, J.
DATED : SEPTEMBER 17, 2026
P.C.:
1. Learned Advocate for the Appellant has submitted that in view
of the dictum laid down in the judgment of the Hon’ble Supreme Court in
Celestium Financial versus A. Gnanasekaran, [2025 SCC OnLine SC 1320], the
Appeal would lie before the learned Sessions Court and, therefore, he urged for
transferring the same to the learned Sessions Court, Sangli.
2. Having considered his statement and the law laid down by the
Supreme Court in Celestium Financial (supra), I pass the following order;
Shailaja Page 1 of 2
8-APEAL-1305-2026.odt
:ORDER:
(a) The present Appeal/proceedings be transferred to the
learned Sessions Court, Sangli.
(b) Officer on Special Duty/ Incharge Registrar (J) is
directed to take appropriate steps for transferring this
proceeding to the learned Sessions Court, Sangli.
(c) Having considered the fact that this Appeal has been
pending since 2006, the learned Sessions Court is directed to
make an endeavour to dispose of the proceedings as
expeditiously as possible.
3. In view of the above, no proceedings are pending before this Court.
(ABHAY J. MANTRI, J.)
Shailaja Page 2 of 2
Checking your session…