Bombay High Court
ANNASAHEB RAJARAM PATILversusSHUBHAM AGRO EXPORT AND ANR
- Disposal
- Disposed Off
Holding
The High Court ordered the transfer of the criminal proceedings to the Sessions Court having jurisdiction.
Summary
The appellant, Annasaheb Rajaram Patil, sought transfer of criminal proceedings against M/s Shubham Agro Export Ltd. and others to a Sessions Court with appropriate jurisdiction. The parties relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by the Sessions Court. The High Court, after considering the precedent, ordered that the proceedings 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 Court also directed the Sessions Court to issue notices and proceed on merits. Consequently, the appeal was disposed of and any interim applications were also dismissed.
Issues considered
- Whether the High Court can transfer criminal proceedings to a Sessions Court having jurisdiction under the precedent of Celestium Financial v. A. Gnanasekaran.
- Whether the transfer is appropriate to ensure proper jurisdiction and expeditious disposal.
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- procedural law
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN
GOPAL Date:
2) APEAL-614.11 (CR).DOCX
CHANDAN 2026.08.27
20:29:53
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 614 OF 2011
Annasaheb Rajaram Patil : Appellant
VERSUS
M/s. Shubham Agro Export Ltd. and anr. : Respondents.
______________________________________________________
Mr. Shrishail Sakhare for the Appellant.
Mr. Nitin B Patil, APP for the Respondent - State
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 27 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
2) APEAL-614.11 (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. 614 of 2011 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
2
Checking your session…