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Bombay High Court

SHAMA SALIM SHAIKHversusSAYARA HASHAM KACHHI AND ANR

Disposal
Disposed Off

Holding

The appeal is transferred to the Sessions Court having jurisdiction, and the High Court disposes of the appeal.

Summary

The appellant, Shama Salim Shaikh, was absent along with counsel when the appeal was called. The State's counsel, Dr. A. A. Takalkar, relied on the Supreme Court’s decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be before a Sessions Court with appropriate jurisdiction. The High Court agreed, ordering the transfer of the proceedings to the competent Sessions Court. It directed the Registrar to effect the transfer, instructed the Sessions Court to re‑register the case, issue notices, and expedite the matter. Consequently, Criminal Appeal No. 1563 of 2011 and any interim applications were disposed of.

Issues considered

  • Whether the High Court has jurisdiction to hear the criminal appeal or it should be transferred to a Sessions Court
  • Whether the Supreme Court precedent in Celestium Financial Ltd. v. A. Gnanasekaran mandates transfer of such proceedings

Subjects

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

Judgment

            Digitally signed
            by LAXMIKANT
LAXMIKANT   GOPAL                                                  5) APEAL-1563.11 (CR).DOCX
GOPAL       CHANDAN
CHANDAN     Date:
            2026.08.27
            20:30:21 +0530                                                                   lgc

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

                                          CRIMINAL APPEAL NO. 1563 OF 2011

                          Shama Salim Shaikh                                   : Appellant
                                VERSUS
                          Sayara Hasham Kachhi and anr                         : Respondents

                          ______________________________________________________

                          None for the Appellant
                          Dr. A. A. Takalkar, APP for the Respondent – State.
                          ______________________________________________________

                                                    CORAM : ASHWIN D. BHOBE, J.

                                                     DATED :     27 AUGUST 2026
                          PC:-



                          1.      When this matter is called out, neither the Appellant nor the
                          Advocate for the Appellant are present physically or through V. C.
                          mode.

                          2.      Learned APP for the Respondent – State, 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, submits that these proceedings would now lay before the
                          Sessions Court having jurisdiction. She therefore submits that
                          these proceedings be transferred to the Sessions Court having
                          jurisdiction.

                          3.      In view of the above, the following order is passed :-



                                                             1
                                          5) APEAL-1563.11 (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. 1563 of 2011 is disposed of.

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




                                             (ASHWIN D. BHOBE, J.)




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