Bombay High Court
SAMARTH BULIYANversusISMAIL USMAN MULLANI AND ANR
- Disposal
- Disposed Off
Holding
The appeal is transferred to the Sessions Court having jurisdiction, and the appeal is disposed of.
Summary
Samarth Buliyan appealed against Ismail Usman Mullani and others, seeking relief in the Bombay High Court, Kolhapur Circuit Bench. The appellant, relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), argued that the matter should be heard by the Sessions Court having jurisdiction. The High Court considered the precedent and the need for appropriate jurisdictional competence. Justice Ashwin D. Bhope ordered that the proceedings be transferred to the competent Sessions Court, directing the registrar to effect the transfer and urging expedited disposal. The appeal and any interim applications were consequently disposed of.
Issues considered
- Whether the High Court has jurisdiction to continue the criminal appeal or should transfer it to the Sessions Court having jurisdiction
- Whether the Supreme Court decision in Celestium Financial v. A. Gnanasekaran mandates transfer of such proceedings
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- Sessions Court
- High Court
- procedural law
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN
GOPAL Date: 951-APEAL-288-2025 (CR).DOCX
CHANDAN 2026.08.24
18:38:41
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 288 OF 2025
Samarth Buliyan : Appellant
VERSUS
Ismail Usman Mullani And Anr : Respondents
__________________________________________________________
Mr. Shrikirshna Ganbavale for the Appellant.
Mr. Nitin B Patil, APP for the Respondent – State.
__________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 21 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
951-APEAL-288-2025 (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. 288 of 2025 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
2
Checking your session…