Bombay High Court
MAHESH SAMBHAJI MOHITEversusMADHUKAR SHIVAJI PANSE AND ANR
- Disposal
- Disposed Off
Holding
The High Court ordered the transfer of the criminal proceedings to the Sessions Court having jurisdiction.
Summary
Mahesh Sambhaji Mohite appealed to the Bombay High Court seeking transfer of his criminal proceedings to a Sessions Court with jurisdiction, relying on the Supreme Court's decision in Celestium Financial v. A. Gnanasekaran. The High Court considered whether it could order such a transfer under existing law. Relying on the precedent, the Court held that the proceedings should be transferred to the appropriate Sessions Court. It directed the Registrar to effect the transfer, instructed the Sessions Court to re‑register the case, issue notices, and expedite the matter. The appeal and any interim applications were subsequently disposed of.
Issues considered
- Whether the High Court can transfer criminal proceedings to a Sessions Court having jurisdiction.
- Whether the Supreme Court decision in Celestium Financial v. A. Gnanasekaran is applicable to justify the transfer.
Subjects
- transfer of jurisdiction
- criminal appeal
- sessions court
- procedural law
- high court order
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (2) APEAL-635.11.11.DOCX
CHANDAN Date:
2026.08.25
16:27:04 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 635 OF 2011
Mahesh Sambhaji Mohite : Appellant.
Versus
Madhukar Shivaji Panse and anr. : Respondents.
______________________________________________________
Mr. Shekhar Ingawale (Through V. C.) for the Appellant.
Mr. S. H. Yadav, 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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(2) APEAL-635.11.11.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. 635 of 2011 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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