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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 :-




                                                                 1
                                            (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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