Bombay High Court
GOPIKA NILKANTH AAEERversusLADU PARSHURAM GAONKAR AND ANR
- Disposal
- Disposed Off
Holding
The High Court held that the criminal appeal must be transferred to the Sessions Court having jurisdiction, as mandated by the Supreme Court precedent.
Summary
The appellant, Gopika Nilkanth Aaeer, filed a criminal appeal (No. 1658 of 2019) against respondents Ladu Parshuram Gaonkar and others. An interim application (No. 3875 of 2024) was filed seeking transfer of the proceedings to a Sessions Court having jurisdiction, relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025). The High Court examined the jurisdictional issue and, guided by the Supreme Court precedent, concluded that the Sessions Court was the appropriate forum. Consequently, the Court ordered the transfer of the entire proceedings to the competent Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register and expedite the case. Both the criminal appeal and the interim application were subsequently disposed of following the transfer order.
Issues considered
- Whether the High Court has the authority to transfer a criminal appeal to a Sessions Court having jurisdiction.
- Whether the Supreme Court decision in Celestium Financial v. A. Gnanasekaran mandates such a transfer.
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- Sessions Court
- interim application
- Supreme Court precedent
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN
GOPAL Date:
20) APEAL-1658.19 (CR).DOCX
CHANDAN 2026.08.27
20:29:56
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1658 OF 2019
Gopika Nilkanth Aaeer : Appellant
VERSUS
Ladu Parshuram Gaonkar and anr : Respondents
WITH
CRI-INTERIM APPLICATION NO. 3875 OF 2024
IN
CRIMINAL APPEAL NO. 1658 OF 2019
______________________________________________________
Mr. Ajay Raje Nimbalkar i/by Adv. S. S. Patwardhan for the
Appellant.
Mr. Mahesh Rawool a/w Mr. Neeraj Lavte for the Respondent No.1
Mr. Nitin B Patil, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 27 AUGUST 2026
PC:-
1. Heard learned Advocate for the Appellant, learned Advocate
for Respondent No.1 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
20) APEAL-1658.19 (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. 1658 of 2019 is disposed of.
5. Interim Application No. 3875 of 2024 is also disposed of.
(ASHWIN D. BHOBE, J.)
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