Bombay High Court
KIRAN DINKAR SHELKEversusMADHAV GAJKUMAR UPADHYE AND ANR
- Disposal
- Disposed Off
Holding
The appeal is transferred to the Sessions Court having jurisdiction, and the appeal is disposed of.
Summary
In Criminal Appeal No. 248 of 2017, appellant Kiran Dinkar Shelke failed to appear before the Bombay High Court, while respondents Madhav Gajkumar Upadhye and another were represented. Counsel for Respondent No.1 and the State relied on the Supreme Court judgment in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be tried before a Sessions Court with appropriate jurisdiction. The High Court, after noting the absence of the appellant, ordered that the proceedings be transferred to the competent Sessions Court. The Registrar was directed to effect the transfer and the Sessions Court was instructed 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 transferred to a Sessions Court having jurisdiction
- Whether the Supreme Court precedent in Celestium Financial v. A. Gnanasekaran is applicable to the present proceedings
Subjects
- jurisdiction
- transfer of criminal proceedings
- sessions court
- appellate jurisdiction
- procedural order
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN
930-APEAL-248-2017 (CR).DOCX
CHANDAN Date:
2026.08.24
19:31:24 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 248 OF 2017
Kiran Dinkar Shelke : Appellant
VERSUS
Madhav Gajkumar Upadhye And Anr : Respondents
______________________________________________________
None for the Appellant
Adv. Siyal Magdum a/w Advocates Benazir Jamadar and
Pankajsinh Deshmukh for Respondent No.1.
Dr. A. A. Takalkar, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 21 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 Advocate for the Respondent No.1 and 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, submit
that these proceedings would now lay before the Sessions Court
having jurisdiction. They 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
930-APEAL-248-2017 (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.248 of 2017 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
2
Checking your session…