Bombay High Court
DATTATRAY DADA PATIL (DECEASED) THROUGH LEGAL HEIRS SAVITRI DATTATRAY PATIL AND ORS.versusKRISHNAT BALU PATIL AND ANR.
- Disposal
- Disposed Off
Holding
The High Court held that the criminal proceedings must be transferred to the Sessions Court having jurisdiction, as mandated by the Supreme Court precedent.
Summary
The appellants, legal heirs of the deceased Dattatray Dada Patil, filed Criminal Appeal No. 497 of 2023 against Krishnat Balu Patil and another. The appellants, through counsel, relied on the Supreme Court judgment in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by a Sessions Court having jurisdiction. The High Court examined whether the appeal fell within the jurisdiction of the Sessions Court as per the Supreme Court precedent. It held that the proceedings must be transferred to the appropriate Sessions Court for adjudication on merits. Accordingly, the Court ordered the transfer, directed the Registrar to effect it, and instructed the Sessions Court to expedite the case, disposing of the appeal and any interim applications.
Issues considered
- The appropriate forum for adjudicating the criminal proceedings—whether the High Court or a Sessions Court has jurisdiction.
- Whether the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran mandates transfer of such proceedings to a Sessions Court.
Subjects
- jurisdiction
- transfer of proceedings
- sessions court
- criminal appeal
- Supreme Court precedent
Judgment
45 - CR APPEAL - 497 - 2023.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
Digitally
signed by
VAIBHAV
VAIBHAV RAMESH
RAMESH JADHAV
CRIMINAL APPELLATE JURISDICTION
JADHAV Date:
2026.09.16
10:33:05
+0530
CRIMINAL APPEAL NO. 497 OF 2023
Dattatray Dada Patil (deceased) Through
Legal Heirs Savitri Dattatray Patil & Ors. … Appellants
V/s.
Krishnat Balu Patil & Anr. … Respondents
Mr. Bhushan Jadhav i/by Mr. Chetan Patil for the
Appellants.
Dr. A. A. Takalkar, APP for the State.
CORAM : ASHWIN D. BHOBE, J.
DATED : SEPTEMBER 15, 2026
P.C.:
1. Heard Mr. Bhushan Jadhav, learned Advocate for the Appellants
and Dr. A. A. Takalkar, 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 :-
VRJ 1
45 - CR APPEAL - 497 - 2023.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. 497 of 2023 is disposed of
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
VRJ 2
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