Bombay High Court
VISHVESHWAR NAGARI SAHAKARI PATSANSTHA MARYADITversusPANDHARI VAIJNATH OHAL AND ANR
- Disposal
- Disposed Off
Holding
The appeal is transferred to the Sessions Court having jurisdiction.
Summary
Vishveshwar Nagari Sahakari Patsanstha Maryadit appealed against Pandhari Vaijnath Ohal and Anr before the Bombay High Court, Kolhapur Circuit Bench. The appellant, through counsel, relied on the Supreme Court judgment in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be tried by a Sessions Court having jurisdiction. The High Court examined the precedent and concluded that the appropriate forum for the proceedings is indeed the Sessions Court. Accordingly, the Court ordered the transfer of the appeal to the competent Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register and expedite the case. The appeal and any interim applications were thereafter disposed of.
Issues considered
- Whether the High Court has jurisdiction to continue the criminal appeal or should transfer it to the Sessions Court having jurisdiction
- Whether the Supreme Court decision in Celestium Financial v. A. Gnanasekaran is applicable to the present proceedings
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- Supreme Court precedent
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN 3) APEAL-53.12 (CR).DOCX
GOPAL Date:
CHANDAN 2026.08.24
18:48:49
+0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 53 OF 2012
Vishveshwar Nagari Sahakari
Patsanstha Maryadit : Appellant
VERSUS
Pandhari Vaijnath Ohal And Anr : Respondents
______________________________________________________
Mr. I. M. Khairdi a/w Mr. Ruturaj U Kadam for the Appellant.
Mr. S. H. Yadav, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 24 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 :-
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3) APEAL-53.12 (CR).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. 53 of 2012 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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