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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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