Bombay High Court

MANOHAR BALWANT YADAVversusVASANT MAHIPATI BANDALKAR AND ANR

Disposal: Disposed Off

Holding

The High Court ordered that the proceedings be transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Manohar Balwant Yadav, filed a criminal appeal (No. 220 of 2017) before the Bombay High Court, Circuit Bench at Kolhapur. The appellant's counsel, citing the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320), argued that the matter should be heard by a Sessions Court having jurisdiction. The High Court agreed and ordered the transfer of the proceedings to the appropriate Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register, issue notices, and expedite the case. The High Court also disposed of the appeal and any interim applications. The order emphasizes cooperation of parties for early disposal.

Issues considered

Whether the criminal appeal pending before the High Court should be transferred to a Sessions Court having jurisdiction.

Subjects

jurisdiction
transfer of proceedings
criminal appeal
sessions court
procedural law

Judgment

Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (19) APEAL-220.17.DOCX
CHANDAN Date:
2026.08.25
16:27:06 +0530
lgc

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

CRIMINAL APPEAL NO.220 OF 2017

Manohar Balwant Yadav : Appellant.
Versus
Vasant Mahipati Bandalkar and anr. : Respondents.

______________________________________________________

Mr. Tejas V Shelake i/by Mr. P. D. Dalvi for the Appellant.
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
these proceedings be transferred to the Sessions Court having
jurisdiction.

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

1
(19) APEAL-220.17.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. 220 of 2017 is disposed of.

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

(ASHWIN D. BHOBE, J.)

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