Bombay High Court

KAGAL TALUKA SAHAKARI KHAREDI VIKRI SANGH LTD KANERIWADI THORUGH MEMBER SUBHASH RAMCHANDRA DURGEversusD. S. SHRINIVAS AND ORS

Disposal: Disposed Off

Holding

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

Summary

The appellant, Kagal Taluka Sahakari Kharedi Vikri Sangh Ltd., sought transfer of criminal proceedings against the respondents to a Sessions Court, citing the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran. The High Court examined whether it retained jurisdiction or the matter should be before the Sessions Court. Relying on the Supreme Court precedent, the Court concluded that the proceedings rightly belong before a Sessions Court. Accordingly, an order was made to transfer the case, with directions for re‑registration and expedited handling. The appeal and any interim applications were thereafter disposed.

Issues considered

Whether the High Court has jurisdiction to continue the criminal proceedings or they should be transferred to the Sessions Court having jurisdiction.
Whether the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran mandates transfer of such proceedings to the Sessions Court.

Subjects

jurisdiction
transfer of proceedings
criminal appeal
Sessions Court
Supreme Court precedent
procedural law

Judgment

Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (15) APEAL-15.15.DOCX
CHANDAN Date:
2026.08.25
16:27:05 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 15 OF 2015

Kagal Taluka Sahakari Kharedi Vikri
Sangh Ltd. Kaneriwadi
Through Member
Subhash Ramchandra Durge : Appellant.
Versus
D. S. Shrinivas and ors. : Respondents.
______________________________________________________

Mr. Anand Patil for the Appellant.
Ms. Mahalakshmi Ganapathy, APP for the Respondent – State.
______________________________________________________

CORAM : ASHWIN D. BHOBE, J.

DATED : 25 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
(15) APEAL-15.15.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. 15 of 2015 is disposed of.

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

(ASHWIN D. BHOBE, J.)

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