Bombay High Court

SHRI DATTA NAGARI SAHAKARI PATSANSTHA MARYADEET, CHINCHWADversusSAMBHAJI SHAMRAO PATIL AND ANR

Disposal: Disposed Off

Holding

The High Court held that the criminal proceedings must be transferred to the Sessions Court having jurisdiction, in accordance with the Supreme Court precedent.

Summary

The appellant, Shri Datta Nagari Sahakari Patsanstha, filed criminal appeals (Nos. 1573‑1576 of 2018) before the Bombay High Court, Circuit Bench at Kolhapur, challenging the jurisdiction of the Court over the proceedings. The respondents, Sambhaji Shamrao Patil & Anr., along with the State, argued that the matters should be tried by a Sessions Court having territorial jurisdiction. Both parties relied on the Supreme Court’s decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to support the transfer. The High Court, after hearing counsel, held that the Supreme Court precedent mandated that the proceedings be transferred to the appropriate Sessions Court. Accordingly, the Court ordered the transfer, directed the Registrar to effect it, and instructed the Sessions Court to expedite the case. All four criminal appeals and any interim applications were disposed of.

Issues considered

Whether the High Court has jurisdiction to try the criminal matters or they must be transferred to a Sessions Court having territorial jurisdiction
Whether the Supreme Court’s decision in Celestium Financial Ltd. v. A. Gnanasekaran is applicable to compel transfer of the proceedings

Subjects

jurisdiction
transfer of proceedings
sessions court
high court
criminal appeal
precedent

Judgment

Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (23) APEAL-1573.18&ORS.DOCX
CHANDAN Date:
2026.08.25
16:27:07 +0530
lgc

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

CRIMINAL APPEAL NO.1573 OF 2018
WITH
CRIMINAL APPEAL NO.1574 OF 2018
WITH
CRIMINAL APPEAL NO.1575 OF 2018
WITH
CRIMINAL APPEAL NO.1576 OF 2018

Shri Datta Nagari Sahakari Patsanstha
Maryadeet, Chinchwad : Appellant.
Versus
Sambhaji Shamrao Patil & Anr. : Respondents.

______________________________________________________

Mr. Bhushan Jadhav for the Appellant in all Appeals
Dr. A. A. Takalkar, 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

1
(23) APEAL-1573.18&ORS.DOCX

these proceedings be transferred to the Sessions Court having
jurisdiction.

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

(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 Nos. 1573 of 2018, 1574 of 2018, 1575 of
2018 and 1576 of 2018 are disposed of.

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

(ASHWIN D. BHOBE, J.)

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