Bombay High Court
BHARAT DAGADU NALEversusPRAKASH BABURAO MALI AND ANR
- Disposal
- Disposed Off
Holding
The appeal is transferred to the Sessions Court having jurisdiction, and the High Court proceedings are disposed of.
Summary
The appellant, Bharat Dagadu Nale, was absent when the appeal was called before the Bombay High Court, Kolhapur Bench. The State’s counsel, Nitin B. Patil, relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by a Sessions Court having jurisdiction. The Court agreed that the appeal fell within the jurisdiction of the Sessions Court and ordered its transfer. The Registrar was directed to effect the transfer and the receiving Sessions Court was instructed to re‑register the case, issue notices, and expedite the proceedings. Consequently, Criminal Appeal No. 532 of 2015 and any interim applications were disposed of.
Issues considered
- Whether the criminal appeal pending before the High Court should be transferred to a Sessions Court having jurisdiction.
Subjects
- jurisdiction
- transfer of proceedings
- sessions court
- criminal appeal
- procedural law
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN 13) APEAL-532.15 (CR).DOCX
CHANDAN Date:
2026.08.24
19:47:27 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 532 OF 2015
Bharat Dagadu Nale : Appellant
VERSUS
Prakash Baburao Mali And Anr : Respondents
______________________________________________________
None for the Appellant.
Mr. Nitin B Patil, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 24 AUGUST 2026
PC:-
1. When this matter is called out, neither the Appellant nor the
Advocate for the Appellant are present physically or through V. C.
mode.
2. Learned APP for the Respondent – State, 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, submits that these proceedings would now lay before the
Sessions Court having jurisdiction. He therefore submits 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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13) APEAL-532.15 (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.532 of 2015 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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