Bombay High Court
PRAVIN JAISPAL SHETEversusUMESH MAHADEO PATIL AND ANR
- Disposal
- Disposed Off
Holding
The appeals are disposed of and the proceedings are transferred to the Sessions Court having jurisdiction.
Summary
Pravin Jaipal Shete appealed against Umesh Mahadeo Patil and another before the Bombay High Court, but neither the appellant nor his counsel appeared. The State, represented by Ms. Mahalakshmi Ganapathy, cited the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025) to argue that the matter should be heard by the Sessions Court having jurisdiction. The High Court Judge, Ashwin D. Bhope, agreed and ordered the transfer of the pending criminal appeals to the appropriate Sessions Court. The order directed the Registrar to effect the transfer, instructed the Sessions Court to re‑register the case, issue notices, and expedite the proceedings. Consequently, Criminal Appeals Nos. 620 of 2011 and 638 of 2011, along with any interim applications, were disposed of.
Issues considered
- Whether the High Court has jurisdiction to continue the criminal appeals or they must be transferred to the Sessions Court
- Whether the Supreme Court precedent in Celestium Financial v. A. Gnanasekaran is applicable for mandating transfer
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- high court
- sessions court
- procedural law
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN 1) APEALS-620.11 & 638.11 (CR).DOCX
CHANDAN Date:
2026.08.24
21:43:00 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.620 OF 2011
Pravin Jaipal Shete : Appellant
VERSUS
Umesh Mahadeo Patil And Anr : Respondents
WITH
CRIMINAL APPEAL NO. 638 OF 2011
Pravin Jaipal Shete : Appellant
VERSUS
Umesh Mahadeo Patil And Anr : Respondents
______________________________________________________
None for the Appellant.
Ms. Mahalakshmi Ganapathy, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 24 AUGUST 2026
PC:-
1. When this matter is called out, neither the Appellant nor the
Advocate for the Appellant are present physically or through V. C.
mode.
2. Learned APP for the Respondent – State, 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, submits that these proceedings would now lay before the
Sessions Court having jurisdiction. She therefore submits that
these proceedings be transferred to the Sessions Court having
jurisdiction.
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1) APEALS-620.11 & 638.11 (CR).DOCX
3. In view of the above, the following order is passed :-
(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 Nos. 620 of 2011 and 638 of 2011 are
disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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