Bombay High Court
MARUTI ANAPPA KAMBLEversusCHANDRAKANT GANGARAM KAMBLE AND ANR.
- Disposal
- Disposed Off
Holding
The High Court ordered the transfer of the proceedings to the Sessions Court having jurisdiction.
Summary
The appellant, Maruti Anappa Kamble, filed a criminal appeal before the Bombay High Court seeking transfer of the proceedings to a Sessions Court with appropriate jurisdiction. Both parties' counsel cited the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to support the request for transfer. The Court considered whether it had the authority to remit the case to the Sessions Court and whether the cited precedent applied. It concluded that the proceedings should indeed be transferred to the competent Sessions Court. Accordingly, the High Court ordered the transfer, directed the Registrar to effect it, and instructed the Sessions Court to expedite the matter. The appeal and any interim applications were subsequently disposed of.
Issues considered
- Whether the High Court can transfer criminal proceedings to a Sessions Court having jurisdiction
- Whether the Supreme Court decision in Celestium Financial v. A. Gnanasekaran is applicable to the present proceedings
Subjects
- transfer of jurisdiction
- criminal appeal
- Sessions Court
- procedural law
- high court order
Judgment
Digitally signed
by
LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (28) APEAL-448.23.DOCX
CHANDAN Date:
2026.08.27
17:13:42
+0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.448 OF 2023
Maruti Anappa Kamble : Appellant.
Versus
Gangaram Apayya Kamble and ors. : Respondents.
______________________________________________________
Mr. Anand Patil for the Appellant.
Ms. Shubhangi N Deshmukh, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 25 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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(28) APEAL-448.23.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. 448 of 2023 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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