Bombay High Court
TRIMURTI FIDS AGENCYversusSUDAM NAMDEO JADHAV AND ANR
- Disposal
- Disposed Off
Holding
The High Court ordered that the criminal proceedings be transferred to the Sessions Court having jurisdiction.
Summary
The appellant, Trimurti Fids Agency, filed a criminal appeal before the Bombay High Court seeking transfer of the proceedings to a Sessions Court with appropriate jurisdiction. The appellant, through counsel, relied on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by the Sessions Court. The High Court considered the submission and, applying the precedent, ordered that the case be transferred to the competent Sessions Court. The order directed the Registrar to effect the transfer, required the Sessions Court to re‑register the case, issue notices, and expedite the matter. The appeal and any interim applications were subsequently disposed of.
Issues considered
- Whether the High Court has the authority to transfer criminal proceedings to a Sessions Court having jurisdiction in view of the Supreme Court precedent.
Subjects
- transfer of jurisdiction
- criminal appeal
- sessions court
- high court order
- procedural law
- jurisdiction
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN
GOPAL Date: 902-APEAL-428-2011 (CR).DOCX
CHANDAN 2026.08.24
18:38:32
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 428 OF 2011
Trimurti Fids Agency : Appellant
VERSUS
Sudam Namdeo Jadhav And Anr. : Respondents
__________________________________________________________
Mr. Vishwanath Talkute a/w Advocates Mahesh Bhosale, Shivaji
Kokare and Sampada Patil for the Appellant.
Mr. S. H. Yadav, 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 :-
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902-APEAL-428-2011 (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.428 of 2011 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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