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Bombay High Court

SALIM ABDULRAHIM SHAIKHversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Disposed Off

Holding

The High Court ordered the transfer of the proceedings to the Sessions Court having jurisdiction.

Summary

The appellant, Salim Abdulrahim Shaikh, filed a criminal appeal (No. 465 of 2025) before the Bombay High Court, seeking transfer of the proceedings to a Sessions Court having jurisdiction. Both parties relied on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to support the transfer. The Court, after hearing counsel, ordered that the proceedings be transferred to the appropriate Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register, issue notices, and expedite the matter. The Court also directed cooperation of parties for early disposal. The appeal and any interim applications were disposed of.

Issues considered

  • Whether the criminal proceedings should be transferred to a Sessions Court having jurisdiction under the applicable law.

Subjects

  • transfer of jurisdiction
  • criminal appeal
  • sessions court
  • procedural law
  • jurisdictional transfer

Judgment

                                                              955-APEAL-465.25.doc



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIRCUIT BENCH AT KOLHAPUR
                CRIMINAL APPELLATE JURISDICTION
                 CRIMINAL APPEAL NO.465 of 2025
Salim Abdulrahim Shaikh                                      ...Appellant
         Versus
The State of Maharashtra and Anr.                            ...Respondent
__________________________________________________________
Mr. Dheeraj Patil for the Appellant.
Dr. A. A. Takalkar, APP for the Respondent – State.
__________________________________________________________

                                  CORAM : ASHWIN D. BHOBE, J.
                                   DATE : 28th August, 2026.
P.C. :


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 :-



Arjun                               1
                                                                                    955-APEAL-465.25.doc



                             (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. 465 of 2025 is disposed of.



                     5.        Interim Application, if any, is also disposed of.



                                                                       (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.01
        11:29:23
        +0530

                     Arjun                                2


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