Bombay High Court
BAJIRAO DATTATRAY PATILversusKRISHNAT BALU PATIL AND ANR.
- Disposal
- Disposed Off
Holding
The appeal is transferred to the Sessions Court having jurisdiction, and the High Court disposes of the appeal.
Summary
In Criminal Appeal No. 487 of 2023, the appellant Bajirao Dattatray Patil sought to have the proceedings transferred to a Sessions Court having jurisdiction, relying on the Supreme Court's decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320). The respondent State, through its counsel, opposed the transfer. The High Court examined the jurisdictional issue and noted that the Supreme Court precedent required such matters to be heard before the appropriate Sessions Court. Consequently, the Court ordered the transfer of the proceedings, directing the Registrar to effect the transfer and the Sessions Court to re‑register, issue notices, and expedite the case. The appeal and any interim applications were thereafter disposed of.
Issues considered
- Whether the High Court has jurisdiction to hear the criminal appeal or it should be transferred to the Sessions Court having jurisdiction
- Whether the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran mandates transfer of such proceedings
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- procedural law
Judgment
Digitally signed
by
LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (29) APEAL-487.23.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. 487 OF 2023
Bajirao Dattatray Patil : Appellant.
Versus
Krishnat Balu Patil and anr. : Respondents.
______________________________________________________
Mr. Bhushan Jadhav for the Appellant.
Mr. Chandrakant D Mali, 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
(29) APEAL-487.23.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. 487 of 2023 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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