Bombay High Court
SAMBHAJI HINDURAO YADAVversusSHANKAR NARAYAN PAWAR AND ANR
- Disposal
- Disposed Off
Holding
The appeal is transferred to the Sessions Court having jurisdiction, and the High Court disposes of the appeal.
Summary
Sambhaji Hindurao Yadav appealed before the Bombay High Court against Shankar Narayan Pawar and others. The appellant, through counsel, relied on the Supreme Court judgment in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by a Sessions Court with appropriate jurisdiction. The High Court considered the jurisdictional issue and the precedent cited. It ordered that the proceedings be transferred to the competent Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register and expedite the case. The High Court disposed of the appeal and any interim applications, directing the parties to cooperate for early disposal.
Issues considered
- Whether the High Court has jurisdiction to continue the criminal appeal or it must be transferred to a Sessions Court having jurisdiction.
- Whether the Supreme Court decision in Celestium Financial v. A. Gnanasekaran mandates transfer of such proceedings to the Sessions Court.
Subjects
- jurisdiction
- transfer of criminal proceedings
- sessions court
- high court appellate jurisdiction
- expeditious disposal
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN
GOPAL Date: 911-APEAL-418-2014 (CR).DOCX
CHANDAN 2026.08.24
18:38:34
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 418 OF 2014
Sambhaji Hindurao Yadav : Appellant
VERSUS
Shankar Narayan Pawar And Anr. : Respondents
__________________________________________________________
Mr. Ashish A Chavan i/by Adv. Mahindra Deshmukh 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
911-APEAL-418-2014 (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.418 of 2014 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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