Bombay High Court

RAJGAD SAHAKARI SAKHAR KARKHANA LIMITEDversusPANDURANG NAMDEO KHOPADE AND ANR

Decided: 20 February 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The appeal may be withdrawn with liberty to re‑file before the Sessions Court.

Summary

The appellant, Rajgad Sahakari Sakhar Karkhana Limited, filed Criminal Appeal No. 573 of 2018 challenging an order. The appellant sought leave to withdraw the appeal and re‑file it before the Sessions Court, relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran. The learned counsel submitted that the Apex Court’s view permits such withdrawal and refiling. The High Court, after considering the submission, allowed the withdrawal with liberty to file the appeal in the Sessions Court and ordered the disposal of the present appeal. The Court also directed that the certified copy of the impugned order be returned to the appellant’s counsel for filing in the Sessions Court.

Issues considered

Whether an appeal pending before the High Court can be withdrawn and re‑filed before the Sessions Court under the precedent of Celestium Financial v. A. Gnanasekaran.

Subjects

appeal withdrawal
criminal procedure
re‑filing of appeal
Supreme Court precedent
procedural law

Judgment

                                                       123-APEAL-573-2018 (CR).doc


Rohit Ghuge


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
                       CRIMINAL APPEAL NO. 573 OF 2018

                 Rajgad Sahakari Sakhar Karkhana Limited
                                  versus
                   Pandurang Namdeo Khopade and anr.
_________________________________________________________________
Mr. Vilas Tapkir, Advocate for Applicant.
Smt. R. D. Humane, APP for Respondent-State.
Mr. Veerdhaval Kakade, Advocate for Respondent No. 1.
_________________________________________________________________

                                       CORAM       :     SHIVKUMAR DIGE, J.
                                       DATE        :     20th FEBRUARY, 2026.
P.C. :

.              Heard learned counsel for the appellant and learned APP.
2.             Learned counsel for the appellant, on instructions, seeks leave
to withdraw the appeal with liberty to file appeal before the learned
Sessions Court as per the view of the Hon’ble Apex Court in the case of
Celestium Financial Vs. A. Gnanasekaran & Etc.1
3.             Considering the submission of learned counsel for the appellant,
appeal is allowed to be withdrawn with aforesaid liberty and disposed of.
4.             Learned Sessions Court shall consider the delay, if appeal is
filed, as the appeal was pending before this Court.
5.             Learned advocate for the applicant is permitted to take back
certified copy of the impugned order for filing the appeal in the Sessions
Court. On submitting a photocopy of the impugned order, Registry shall
verify the photocopy and return the certified copy to the learned advocate
for the applicant.
                                                         (SHIVKUMAR DIGE, J.)
1    (2005) SC 2099.

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