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Bombay High Court

JAYESH PRAKASH SHIVALKARversusPRAMOD A. KARANDIKAR AND ANR.

Disposal
Disposed Off

Holding

The proceedings are to be transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Jayesh Prakash Shivalkar, filed a criminal appeal before the Bombay High Court, Circuit Bench at Kolhapur, seeking relief against the respondents. Both parties cited the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320), arguing that the matter should be heard by the Sessions Court having jurisdiction. The Court examined whether the High Court retained jurisdiction or was required to transfer the proceedings as per the precedent. It concluded that the proceedings must be transferred to the appropriate Sessions Court. Accordingly, the Court ordered the transfer, directed the Registrar to effect it, and instructed the Sessions Court to re‑register, issue notices, and expedite the case. The appeal and any interim applications were thereafter disposed of.

Issues considered

  • Whether the High Court should retain jurisdiction over the criminal proceedings or transfer them to the Sessions Court having jurisdiction in view of the Supreme Court precedent.

Subjects

  • transfer of jurisdiction
  • criminal appeal
  • Sessions Court
  • High Court
  • procedural law
  • Supreme Court precedent

Judgment

            Digitally signed
            by LAXMIKANT
            GOPAL
LAXMIKANT   CHANDAN
GOPAL       Date:                                                    953-APEAL-398-2025 (CR).DOCX
CHANDAN     2026.08.24
            18:38:42
            +0530
                                                                                                 lgc

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIRCUIT BENCH AT KOLHAPUR
                                             CRIMINAL APPELLATE JURISDICTION

                                               CRIMINAL APPEAL NO. 398 OF 2025

                               Jayesh Prakash Shivalkar                                  : Appellant
                                     VERSUS
                               Pramod A. Karandikar And Anr.                          : Respondents

                               __________________________________________________________

                               Mr. Vaibhav V Arage i/by Adv. Mohan Devkule for the Appellant.
                               Mr. Nitin B Patil, 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
                                       953-APEAL-398-2025 (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. 398 of 2025 is disposed of.

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




                                             (ASHWIN D. BHOBE, J.)




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