Bombay High Court
MANOHAR HIRALAL MALUversusMILIND SHRIDHAR JADHAV AND ANR
- Disposal
- Disposed Off
Holding
The proceedings are transferred to the Sessions Court having jurisdiction.
Summary
Manohar Hiralal Malu appealed against Milind Shridhar Jadhav and others, seeking relief in the Bombay High Court. The appellant’s counsel, citing the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025), argued that the matter should be heard by a Sessions Court with appropriate jurisdiction. The Court examined the precedent and concluded that the High Court lacked jurisdiction to continue the proceedings. Accordingly, it ordered the transfer of the pending criminal appeals (Nos. 551 and 552 of 2013) to the competent Sessions Court, directing the registrar to effect the transfer and urging expedited disposal. The appeals and any interim applications were thereafter disposed of.
Issues considered
- Whether the Bombay High Court has jurisdiction to try the criminal appeals in question
- Whether the proceedings should be transferred to a Sessions Court under the precedent set by Celestium Financial v. A. Gnanasekaran
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- procedural law
Judgment
26-APEAL-551-2013 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 551 OF 2013
Manohar Hiralal Malu … Appellant
Versus
Milind Shridhar Jadhav And Anr. … Respondents
WITH
CR. APPEAL NO. 552 OF 2013
Manohar Hiralal Malu … Appellant
Versus
Milind Shridhar Jadhav And Anr. … Respondents
——————
Mr. Kaustubh Rayrikar i/b Manoj A. Patil, 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. Kaustubh Rayrikar, 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.
Arjun 1
26-APEAL-551-2013 (CR).docx
3. In view of the above, the following order is passed :-
(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 Nos. 551 of 2013 and 552 of 2013 are disposed of.
5. Interim Applications, if any, are also disposed of.
Digitally [ ASHWIN D. BHOBE, J. ]
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.21
11:24:15
+0530
Arjun 2
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