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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 :-



                                                             1
                                          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.)




                                   2


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