Bombay High Court
RAJARAM BAPU PATILversusPRADEEP BHUPAL JADHAV AND ANR
- Disposal
- Disposed Off
Holding
The High Court ordered the transfer of the proceedings to the Sessions Court having jurisdiction.
Summary
The appellant, Rajaram Bapu Patil, filed a criminal appeal before the Bombay High Court seeking relief against the respondents, Pradeep Bhupal Jadhav and another. The learned counsel for the appellant and the State relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the trial court with appropriate jurisdiction is the Sessions Court. The High Court examined whether the proceedings should remain before it or be transferred to the Sessions Court having jurisdiction. Relying on the precedent, the Court held that the Sessions Court is the proper forum and ordered the transfer of the case. Consequently, the appeal was disposed of and the matter was directed to the Sessions Court for re‑registration and further disposal on its merits.
Issues considered
- Whether the High Court should transfer the criminal proceedings to the Sessions Court having jurisdiction.
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- high court order
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 34 OF 2011
Rajaram Bapu Patil … Appellant
Versus
Pradeep Bhupal Jadhav And Anr. … Respondents
——————
Mr. Aditya Ghadge h/f A. M. Kulkarni, Advocate for the Appellant.
Mr. N. B. Patil, APP for the Respondent – State.
Mr. Nagesh Chavan a/w Abhang Suryawanshi, Advocate for the Respondent.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 17th September 2026.
PER COURT :
1. Heard Mr. Aditya Ghadge, learned Advocate for the Appellant and Mr.
N. B. Patil, 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 :-
Arjun 1
(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. 34 of 2011 is disposed of.
5. Interim Application, if any, is also disposed of.
[ ASHWIN D. BHOBE, J. ]
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.21
10:31:57
+0530
Arjun 2
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