Bombay High Court
JAI HANUMAN NAGARI SAHAKARI PAT SANSTHA LTD.versusARUN DATTATRAY KAMBLE 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 appellant, Jai Hanuman Nagari Sahakari Pat Sanstha Ltd., filed a criminal appeal before the Bombay High Court. The appellant and the State counsel relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by a Sessions Court having territorial jurisdiction. The High Court, after hearing counsel, ordered that the proceedings be transferred 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 order also directed the parties to cooperate for early disposal. Consequently, Criminal Appeal No. 322 of 2018 and any interim applications were disposed of.
Issues considered
- Whether the High Court has jurisdiction to continue the criminal appeal or must transfer it to a Sessions Court with territorial jurisdiction
- Whether the Supreme Court precedent in Celestium Financial v. A. Gnanasekaran mandates such a transfer
Subjects
- jurisdiction
- transfer of criminal proceedings
- Sessions Court
- high court order
- procedural direction
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN
GOPAL Date:
18) APEAL-322.18 (CR).DOCX
CHANDAN 2026.08.27
20:29:55
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 322 OF 2018
Jai Hanuman Nagari Sahakari Pat Sanstha Ltd.
Islampur : Appellant
VERSUS
Arun Dattatray Kamble and anr : Respondents
______________________________________________________
Adv. Siyal F Magdum i/by Adv. Umesh Mankapure for the
Appellant.
Dr. A. A. Takalkar, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 27 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 :-
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18) APEAL-322.18 (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. 322 of 2018 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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