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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