Bombay High Court
TRIMURTI NAGARI SAHAKARI PAT SANSTHA MTDTversusGAJANAN BANDU KANDLE AND ANR
- Disposal
- Disposed Off
Holding
The High Court held that the proceedings must be transferred to the Sessions Court having jurisdiction.
Summary
The appellant, Trimurti Nagari Sahakari Pat Sanstha Mtdt, sought to continue criminal proceedings before the High Court, while the respondent State argued that the case should be heard by the Sessions Court having jurisdiction. Both parties relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to support their positions. The Court examined the jurisdictional requirements and concluded that the proceedings were indeed more appropriately placed before the Sessions Court. Accordingly, the Court ordered the transfer of the case to the competent Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register and expedite the matter. The appeal and any interim applications were thereafter disposed of.
Issues considered
- Whether the criminal proceedings pending before the High Court should be transferred to the Sessions Court having jurisdiction.
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- procedural law
Judgment
25-APEAL-549-2013 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 549 OF 2013
Trimurti Nagari Sahakari Pat Sanstha Mtdt … Appellant
Versus
Gajanan Bandu Kandle And Anr. … Respondents
——————
Mr. Rahul Rote i/b Vijay Killedar, Advocate for the Appellant.
Mr. C. D. Mali, APP for the Respondent - State.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 17th September 2026.
PER COURT :
1. Heard Mr. Rahul Rote, learned Advocate for the Appellant and Mr. C.
D. Mali, 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 :-
Arjun 1
25-APEAL-549-2013 (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. 549 of 2013 is disposed of.
5. Interim Application, if any, is also disposed of.
[ ASHWIN D. BHOBE, J. ]
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.21
11:22:54
+0530
Arjun 2
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