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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 :-




                                                                 1
                                          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.)




                                   2


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