Bombay High Court
GOPICHAND RAMCHANDRA KADAMversusTHE STATE OF MAHARASHTRA ANDANR
- Disposal
- Disposed Off
Holding
The appeals are to be transferred to the Sessions Court having jurisdiction.
Summary
The High Court of Bombay, Kolhapur Circuit Bench, heard Criminal Appeals Nos. 424 and 436 of 2011 where the appellants were absent. The State of Maharashtra, represented by S.S. Choudhari, relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matters should be before a Sessions Court with appropriate jurisdiction. The Court agreed, ordering the transfer of the proceedings to the competent Sessions Court, directing re‑registration, issuance of notices, and expedited handling. The Registrar was instructed to effect the transfer, and the Sessions Court was tasked with proceeding on the merits. Both appeals and any interim applications were disposed of following the transfer order.
Issues considered
- Whether the High Court has jurisdiction to continue the criminal appeals or should transfer them to a Sessions Court having jurisdiction.
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- procedural law
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (1) APEAL-424.11&436.11.DOCX
CHANDAN Date:
2026.08.25
16:33:20 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.424 OF 2011
Gopichand Ramchandra Kadam : Appellant.
Versus
The State of Maharashtra and anr. : Respondents.
WITH
CRIMINAL APPEAL NO.436 OF 2011
Yashwant Chander Gade : Appellant.
Versus
The State of Maharashtra and anr. : Respondents.
______________________________________________________
None for the Appellant
Mr. S S Choudhari, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 25 AUGUST 2026
PC:-
1. When these matters were called out, neither the Appellants
nor the Advocate for the Appellants 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
1
(1) APEAL-424.11&436.11.DOCX
proceedings be transferred to the Sessions Court having
jurisdiction.
3. In view of the above, the following order is passed :-
(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 Nos. 424 of 2011 and 436 of 2011 are
disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
2
Checking your session…