Bombay High Court
DEEPAK VASANT UPALEKARversusVAIBHAV CHANDRAKANT CHORAGE AND ANR
- Disposal
- Disposed Off
Holding
The appeal is transferred to the Sessions Court having jurisdiction.
Summary
The appellant, Deepak Vasant Upalekar, filed a criminal appeal before the Bombay High Court, Kolhapur Circuit Bench, seeking relief against the respondents. Both parties cited the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by a Sessions Court with appropriate jurisdiction. The Court considered the precedent and the procedural propriety of transferring pending criminal proceedings. It ordered that the appeal be transferred to the competent Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register and expedite the case. The Sessions Court was instructed to issue notices and proceed on the merits in accordance with law. Consequently, the appeal 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
- transfer of jurisdiction
- criminal appeal
- sessions court
- procedural law
- high court order
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN 20) APEAL-565.16 (CR).DOCX
GOPAL Date:
CHANDAN 2026.08.24
18:48:52
+0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 565 OF 2016
Deepak Vasant Upalekar : Appellant.
VERSUS
Vaibhav Chandrakant Chorage And Anr : Respondents
______________________________________________________
Mr. Mohit Dalvi for the Appellant.
Mr. Nitin B. Patil, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 24 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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20) APEAL-565.16 (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. 565 of 2016 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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