Bombay High Court
BASAVESHWAR BALASAHEB KOSHTIversusCHANDAR TATOBA CHOUGULE AND ANR
- Disposal
- Disposed Off
Holding
The appeal is dismissed and the proceedings are ordered to be transferred to the Sessions Court having jurisdiction.
Summary
In Criminal Appeal No. 533 of 2015, the appellant Basaveshwar Balasaheb Koshti and his counsel were absent from the hearing. The State, represented by Advocate Nitin B. Patil, relied on the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be tried before a Sessions Court having jurisdiction. The High Court agreed that the proceedings were improperly before it and ordered their transfer to the appropriate Sessions Court. The order directed the Registrar to effect the transfer, the Sessions Court to re‑register the case, issue notices, and expedite the trial. Consequently, the appeal and any interim applications were disposed of.
Issues considered
- Whether the High Court has jurisdiction to entertain the criminal appeal or the matter should be transferred to a Sessions Court
- Whether the Supreme Court precedent in Celestium Financial Ltd. v. A. Gnanasekaran mandates transfer of such proceedings
Subjects
- jurisdiction
- transfer of criminal proceedings
- sessions court
- appeal disposal
- Supreme Court precedent
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (16) APEAL-533.15.DOCX
CHANDAN Date:
2026.08.25
16:33:23 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 533 OF 2015
Basaveshwar Balasaheb Koshti : Appellant.
Versus
Chandar Tatoba Chougule and anr. : Respondents.
______________________________________________________
None for the Appellant.
Mr. Nitin B Patil, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 25 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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(16) APEAL-533.15.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. 533 of 2015 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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