Bombay High Court
PATEL PETRO PVT LTD THORUGH DIRECTOR JAMNADAS VELJIBHAI PATELversusDHANASHREE DHANAJI MANDLIK AND ANR
- Disposal
- Disposed Off
Holding
The High Court ordered that the criminal proceedings be transferred to the Sessions Court having jurisdiction.
Summary
Patel Petro Pvt Ltd, through its director, appealed against Dhanashree Dhanaji Mandlik and others in a criminal matter. The appellant argued, relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), that the case should be heard by a Sessions Court having jurisdiction. The High Court examined the precedent and concluded that the proceedings were indeed more appropriately dealt with by the Sessions Court. Consequently, the Court ordered the transfer of the case to the appropriate Sessions Court, directing the registrar to effect the transfer and urging expedited disposal. The appeal and any interim applications were thereafter disposed of.
Issues considered
- Whether the High Court has the authority to transfer criminal proceedings to a Sessions Court having jurisdiction.
- Whether the Supreme Court precedent in Celestium Financial v. A. Gnanasekaran mandates such a transfer.
Subjects
- jurisdiction
- transfer of criminal proceedings
- sessions court
- appellate jurisdiction
- expedited disposal
Judgment
33-APEAL-136-2016 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 136 OF 2016
Patel Petro Pvt Ltd Thorugh Director … Appellant
Jamnadas Veljibhai Patel
Versus
Dhanashree Dhanaji Mandlik And Anr. … Respondents
——————
Mr. Vinayak Belgaonkar i/b Yuvraj Narvankar, 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 Mr. Vinayak Belgaonkar, 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
33-APEAL-136-2016 (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. 136 of 2016 is disposed of.
5. Interim Application, if any, is also disposed of.
[ ASHWIN D. BHOBE, J. ]
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.22
10:39:36
+0530
Arjun 2
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