Bombay High Court
AMIT DILIP SASANEversusMANOHAR SHIVRAM KADAM AND ANR
- Disposal
- Disposed Off
Holding
The proceedings are to be transferred to the Sessions Court having jurisdiction.
Summary
Amit Dilip Sasane appealed against Manohar Shivram Kadam and others, seeking relief in the High Court. The appellant and the State counsel relied on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the criminal proceedings should be before a Sessions Court with jurisdiction. The High Court, after hearing both sides, ordered that the case be transferred to the appropriate Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register, issue notices and expedite the matter. The Court also directed the parties to cooperate for early disposal. Consequently, the appeal was disposed of and any interim applications were also dismissed.
Issues considered
- Whether the criminal proceedings pending before the High Court should be transferred to a Sessions Court having jurisdiction.
Subjects
- transfer of jurisdiction
- criminal appeal
- sessions court
- procedural law
- high court order
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (17) APEAL-564.15.DOCX
CHANDAN Date:
2026.08.25
16:27:06 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.564 OF 2015
Amit Dilip Sasane : Appellant.
Versus
Manohar Shivram Kadam & anr. : Respondents.
______________________________________________________
Mr. Anand Patil for the Appellant.
Mr. S. S. Choudhari, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 25 AUGUST 2026
PC:-
1. Heard learned Advocate for the Appellant and 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 :-
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(17) APEAL-564.15.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. 564 of 2015 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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