Bombay High Court
VIJAYA NAMDEO NARUTEversusYASHWANT GRAMIN BIGAR SHETI SAHAKARI PAT SANSTHA MARYADIT AND ORS
- Disposal
- Disposed Off
Holding
The proceedings are transferred to the Sessions Court having jurisdiction, and the appeal and interim application are disposed.
Summary
The Bombay High Court, Kolhapur Circuit Bench, entertained an interim application seeking transfer of criminal proceedings to a Sessions Court with appropriate jurisdiction. The appellant, Vijaya Namdeo Narute, through counsel, relied on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025) to argue that the matter should be before a Sessions Court. The Court agreed, ordering the transfer, directing the Registrar to effect the transfer, and instructing the Sessions Court to re‑register, issue notices, and expedite the case. The Court also directed both parties to cooperate for early disposal. Consequently, Criminal Appeal No. 687 of 2013 and Interim Application No. 1721 of 2023 were both disposed.
Issues considered
- Whether the criminal proceedings pending before the High Court should be transferred to a Sessions Court having jurisdiction
- Whether the High Court has authority to order such transfer under the applicable procedural law
Subjects
- jurisdiction
- transfer of criminal proceedings
- sessions court
- appeal disposal
- interim application
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN 8) APEAL-687.13 (CR).DOCX
GOPAL Date:
CHANDAN 2026.08.24
18:48:50
+0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 687 OF 2013
Vijaya Namdeo Narute : Appellant
VERSUS
Yashwant Gramin Bigar Sheti Sahakari
Pat Sanstha Maryadit And Ors : Respondents
WITH
CRIMINAL INTERIM APPLICATION NO. 1721 OF 2023
IN
CRIMINAL APPEAL NO. 687 OF 2013
______________________________________________________
Mr. Niranjan V Dhainje i/by Adv. Rupesh K Bobade for the
Appellant.
Ms. Mahalakshmi Ganapathy, 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
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8) APEAL-687.13 (CR).DOCX
these proceedings be transferred to the Sessions Court having
jurisdiction.
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 No. 687 of 2013 is disposed of.
5. Interim Application No.1721 of 2023 is also disposed of.
(ASHWIN D. BHOBE, J.)
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