Bombay High Court
SHUAKATALI BABALAL MULLA THROUGH LEGAL HEIRR BAKTARSHAH SHOUKAT ALIversusTULSHIRAM APPA KAPSE AND ANR
- Disposal
- Disposed Off
Holding
The proceedings are transferred to the Sessions Court having jurisdiction.
Summary
In Criminal Appeal No. 306 of 2018, the appellant and his counsel were absent from the hearing. The State's counsel, Mr. Nitin B. Patil, 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 heard by the Sessions Court having jurisdiction. The High Court agreed that the appeal should be transferred 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 proceedings. Consequently, the appeal and any interim applications were disposed of, with the matter now to be pursued in the Sessions Court.
Issues considered
- Whether the High Court has jurisdiction to continue the criminal appeal or should transfer it to the Sessions Court having jurisdiction as per the Supreme Court precedent.
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- procedural law
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN
933-APEAL-306-2018 (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. 306 OF 2018
Shuakatali Babalal Mulla Through
Legal Heir Baktarshah Shoukat Ali : Appellant
VERSUS
Tulshiram Appa Kapse And Anr : Respondents
__________________________________________________________
None for the Appellant.
Mr. Nitin B Patil, 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 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. He therefore submits that these
proceedings be transferred to the Sessions Court having
jurisdiction.
3. In view of the above, the following order is passed :-
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933-APEAL-306-2018 (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.306 of 2018 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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