Bombay High Court

PRATAP GANPATRAO HOGADEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Disposed Off

Holding

In view of the Supreme Court's decision in Celestium Financial v. A. Gnanasekaran, the proceedings are transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Pratap Ganpatrao Hogade, filed Criminal Appeal No. 323 of 2013 before the Bombay High Court (Circuit Bench at Kolhapur). During the hearing, the learned advocates for both parties relied on the Supreme Court's decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) and submitted that the proceedings would now lie before the Sessions Court having jurisdiction. They jointly requested that the proceedings be transferred to the appropriate Sessions Court. The High Court accepted this submission. Accordingly, the Court ordered that the proceedings be transferred to the Sessions Court having jurisdiction, with the Registrar (Judicial) to take necessary steps. The transferee Sessions Court was directed to re-register the matter, issue notice to the parties, and proceed on merits in accordance with law. The Court also requested the Sessions Court to expedite the proceedings, and disposed of the criminal appeal and any interim application.

Issues considered

Whether the present proceedings ought to be transferred to the Sessions Court having jurisdiction in light of the decision in Celestium Financial v. A. Gnanasekaran.

Subjects

Criminal Appeal
Transfer of proceedings
Jurisdiction
Sessions Court
Celestium Financial v. A. Gnanasekaran

Judgment

Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN
GOPAL Date: 60-APEAL-323-2013 (CR).DOCX
CHANDAN 2026.08.24
18:38:31
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 323 OF 2013

Pratap Ganpatrao Hogade : Appellant
VERSUS
State of Maharashtra And Anr : Respondents

__________________________________________________________

Mr. Akash M Murudkar i/by Adv. Manoj A Patil for the Appellant.
Ms Mahalakshmi Ganapathy, 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
60-APEAL-323-2013 (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.323 of 2013 is disposed of.

5. Interim Application, if any, is also disposed of.

(ASHWIN D. BHOBE, J.)

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