Bombay High Court
PRASAD RAGHUNATH WASHIKARversusARVIND MARUTI GURAV AND ANR
- Disposal
- Disposed Off
Holding
The Court held that the criminal proceedings must be transferred to the Sessions Court having jurisdiction, and disposed of the appeal.
Summary
The appellant, Prasad Raghunath Washikar, failed to appear before the Bombay High Court in a criminal appeal against Arvind Maruti Gurav and others. The State's counsel, citing the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), argued that the matter should be before the Sessions Court with appropriate jurisdiction. The High Court agreed, ordering the transfer of the proceedings to the competent Sessions Court, directing re‑registration, issuance of notice, and an expedited hearing. The Registrar was instructed to effect the transfer. Consequently, the appeal and any interim applications were disposed of.
Issues considered
- Whether the criminal proceedings should be transferred to a Sessions Court having jurisdiction in view of the Supreme Court precedent.
Subjects
- jurisdiction
- transfer of criminal proceedings
- Sessions Court
- appeal disposal
- re‑registration
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL 952-APEAL-331-2025 (CR).DOCX
GOPAL CHANDAN
CHANDAN Date:
2026.08.24
21:09:41 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 331 OF 2025
Prasad Raghunath Washikar : Appellant
VERSUS
Arvind Maruti Gurav 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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952-APEAL-331-2025 (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. 331 of 2025 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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