Bombay High Court
DINKAR VITTHAL KADAM SINCE DECEASED THROUGH LEGAL HEIRS VARSHA DINKAR KADAM AND ANRversusARUM SAMPATRAO PATIL AND ANR
- Disposal
- Disposed Off
Holding
The appeal is to be transferred to the Sessions Court having jurisdiction.
Summary
The appellants, legal heirs of the deceased Dinkar Vitthal Kadam, were absent from the hearing of Criminal Appeal No. 689 of 2013 before the Bombay High Court, Kolhapur Bench. The State, through counsel S. S. Choudhari, relied on the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by the Sessions Court having jurisdiction. The Court examined the precedent and concluded that the appeal should indeed be transferred to the appropriate Sessions Court. Accordingly, the High Court ordered the transfer, directed the Registrar to effect it, and instructed the Sessions Court to re‑register the case, issue notices, and expedite the proceedings. The appeal and any interim applications were subsequently disposed of.
Issues considered
- Whether the criminal appeal pending before the High Court should be transferred to the Sessions Court having jurisdiction under the applicable law
Subjects
- transfer of jurisdiction
- criminal appeal
- high court order
- sessions court
- procedural disposal
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (7) APEAL-689.13.DOCX
CHANDAN Date:
2026.08.25
16:33:21 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 689 OF 2013
Dinkar Vitthal Kadam
Since deceased Through Legal Heirs
Varsha Dinkar Kadam and anr. : Appellants.
Versus
Arun Sampatrao Patil & Anr. : Respondents.
______________________________________________________
None for the Appellant.
Mr. S. S. Choudhari, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 25 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. He therefore submits 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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(7) APEAL-689.13.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. 689 of 2013 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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