Bombay High Court

SAGAR SHANKAR POWARversusRAMCHANDRA ANNASO KELKAR AND ANR

Disposal: Disposed Off

Holding

The appeal is to be transferred to the Sessions Court having jurisdiction, as mandated by the Supreme Court precedent.

Summary

The appellant, Sagar Shankar Powar, was absent from the hearing of Criminal Appeal No. 198 of 2014 before the Bombay High Court, Kolhapur Bench. 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 tried before a Sessions Court having jurisdiction. The Court accepted this submission and ordered the transfer of the proceedings to the appropriate 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, the appeal was disposed of, and any interim applications were also dismissed.

Issues considered

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

Subjects

jurisdiction
transfer of proceedings
sessions court
criminal appeal
precedent

Judgment

Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN 10) APEAL-198.14 (CR).DOCX
CHANDAN Date:
2026.08.24
19:47:26 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 198 OF 2014

Sagar Shankar Powar : Appellant
VERSUS
Ramchandra Annaso Kelkar And Anr : Respondents

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

CORAM : ASHWIN D. BHOBE, J.

DATED : 24 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
10) APEAL-198.14 (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. 198 of 2014 is disposed of.

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

(ASHWIN D. BHOBE, J.)

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