Bombay High Court
VIMAL UMRAOGIRI GOSAVIversusNAGNATH @ NAGESH BALASAHEB MOHITE AND ANR
- Disposal
- Disposed Off
Holding
The proceedings are transferred to the Sessions Court having jurisdiction.
Summary
The High Court of Bombay, Kolhapur Circuit Bench, heard Criminal Appeals Nos. 453 and 454 of 2011 concerning Housabai Umrao Girigosavi (deceased) and Vimal Umraogiri Gosavi against Nagnath Balasaheb Mohite and others. Neither the appellant nor the appellant's counsel appeared, either in person or via video conference. The State's Additional Public Prosecutor, citing the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320), argued that the matters should be before the Sessions Court having jurisdiction. The Court agreed, ordering the transfer of the proceedings to the appropriate Sessions Court for re‑registration and further hearing. The Court also directed the Sessions Court to expedite the case, and disposed of both appeals and any interim applications.
Issues considered
- Whether the High Court has jurisdiction to continue the criminal appeals or should transfer them to the Sessions Court having jurisdiction.
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- High Court
- Sessions Court
- expedited disposal
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN
903-APEAL-453-2011 & 454.11 (CR).DOCX
CHANDAN Date:
2026.08.24
19:31:25 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 453 OF 2011
Housabai Umrao Girigosavi
Since Decesed Vimal Umraogiri Gosavi : Appellant
VERSUS
Naganath @ Nagesh Balasaheb Mohite
And Anr. : Respondents
WITH
CRIMINAL APPEAL NO. 454 OF 2011
Vimal Umraogiri Gosavi : Appellant
VERSUS
Nagnath @ Nagesh Balasaheb Mohite And Anr : Respondents
______________________________________________________
None for the Appellant.
Dr. A. A. Takalkar, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 21 AUGUST 2026
PC:-
1. When this matter is called out, neither the Appellant nor the
Advocate for the Appellant 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. She therefore submits that these
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903-APEAL-453-2011 & 454.11 (CR).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. 453 of 2011 and 454 of 2011 are
disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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