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Bombay High Court

GORAKHNATH SUKHDEV PATILversusRAJENDRA APPASO PATIL AND ANR

Disposal
Disposed Off

Holding

The High Court ordered the transfer of the proceedings to the Sessions Court having jurisdiction.

Summary

The appellant, Gorakhnath Sukhdev Patil, sought transfer of the criminal appeal to a Sessions Court having jurisdiction, relying on a recent Supreme Court decision. The respondent State, through its counsel, opposed the transfer. The High Court, after considering the Supreme Court precedent (Celestium Financial vs. A. Gnanasekaran, 2025), ordered that the proceedings be transferred to the appropriate Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register, notify the parties, and expedite the matter. The court also directed cooperation by the parties for early disposal. Consequently, the appeal and any interim applications were disposed of.

Issues considered

  • Whether the criminal appeal pending before the High Court should be transferred to a Sessions Court having jurisdiction in view of the Supreme Court decision in Celestium Financial vs. A. Gnanasekaran.

Subjects

  • jurisdiction
  • transfer of criminal proceedings
  • sessions court
  • appellate jurisdiction
  • procedural law
  • criminal appeal

Judgment

            Digitally signed
            by LAXMIKANT
            GOPAL
LAXMIKANT   CHANDAN
GOPAL       Date:
                                                                        6) APEAL-152.12 (CR).DOCX
CHANDAN     2026.08.27
            20:29:53
            +0530
                                                                                                   lgc

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIRCUIT BENCH AT KOLHAPUR
                                             CRIMINAL APPELLATE JURISDICTION

                                               CRIMINAL APPEAL NO. 152 OF 2012

                               Gorakhnath Sukhdev Patil                            : Appellant
                                     VERSUS
                               Rajendra Appaso Patil and anr                       : Respondents

                               ______________________________________________________

                               Adv. Siyal F. Magdum i/by Adv. Umesh Mankapure for the
                               Appellant.
                               Dr. A. A. Takalkar, APP for the Respondent – State.
                               ______________________________________________________

                                                        CORAM : ASHWIN D. BHOBE, J.

                                                         DATED :     27 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
                                          6) APEAL-152.12 (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. 152 of 2012 is disposed of.

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




                                            (ASHWIN D. BHOBE, J.)




                                   2


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