Bombay High Court
SANKET DEVELOPERS LTD. COMPANY THROUGH, CHIEF EXECUTIVE OFFICER SUBHASH RAMCHANDRA DURGEversusOMPRAKASH BABU SING AND ANR
- Disposal
- Disposed Off
Holding
The appeal is transferred to the Sessions Court having jurisdiction, and the High Court proceedings are disposed of.
Summary
The High Court of Bombay, Circuit Bench at Kolhapur, heard an application by the appellant Sanket Developers Ltd. to transfer the pending criminal appeal to a Sessions Court with jurisdiction. Relying on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), the parties argued that the matter should be heard by the Sessions Court. The Court agreed and ordered the transfer, directing the Registrar to effect it and the Sessions Court to re‑register, issue notices, and expedite the proceedings. The Court also directed the parties to cooperate for early disposal. Consequently, Criminal Appeal No. 250 of 2017 and any interim applications were disposed of.
Issues considered
- Whether the High Court has jurisdiction to continue the criminal appeal or it must be transferred to the Sessions Court having jurisdiction
- Whether the precedent set in Celestium Financial v. A. Gnanasekaran mandates transfer of such proceedings to the Sessions Court
Subjects
- jurisdiction
- transfer of criminal proceedings
- sessions court
- high court
- criminal appeal
- expeditious disposal
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (20) APEAL-250.17.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.250 OF 2017
Sanket Developers Ltd. Company
Through Chief Executive Officer
Subhash Ramchandra Durge : Appellant.
Versus
Omprakash Babu Sing and anr. : Respondents.
______________________________________________________
Mr. Anand Patil for the Appellant.
Ms. Shubhangi N Deshmukh, 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
(20) APEAL-250.17.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. 250 of 2017 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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