Bombay High Court
AJAY VITTHAL DESAIversusRAVINDRA MANDHUKAR DHEKANE AND ANR
- Disposal
- Disposed Off
Holding
The High Court held that the proceedings must be transferred to the Sessions Court having jurisdiction.
Summary
Ajay Vitthal Desai appealed against Ravindra Mandhukar Dhekane and another, seeking relief in criminal appeals No. 735 and 736 of 2015. The appellant argued, relying on the Supreme Court’s decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320), that the High Court lacked jurisdiction and the matters should be tried before the Sessions Court having territorial jurisdiction. The Court examined the precedent and concluded that the proceedings indeed fell within the Sessions Court’s jurisdiction. Accordingly, it ordered the transfer of the cases to the appropriate Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register and expedite the matters. Both criminal appeals and any interim applications were disposed of.
Issues considered
- Whether the High Court has jurisdiction to entertain the criminal appeals or they should be transferred to the Sessions Court having territorial jurisdiction
- Whether the Supreme Court precedent in Celestium Financial Ltd. v. A. Gnanasekaran mandates transfer of such proceedings
Subjects
- jurisdiction
- transfer of criminal proceedings
- sessions court
- appellate jurisdiction
- procedural law
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN 14) APEAL-735.15 & 736.15 (CR).DOCX
GOPAL Date:
CHANDAN 2026.08.24
18:48:52
+0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 735 OF 2015
Ajay Vitthal Desai : Appellant
VERSUS
Ravindra Mandhukar Dhekane And Anr : Respondents
WITH
CRIMINAL APPEAL NO. 736 OF 2015
Ajay Vitthal Desai : Appellant.
VERSUS
Ravindra Mandhukar Dhekane And Anr : Respondents
______________________________________________________
Mr. Rohan Surve (Through V. C.) 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
these proceedings be transferred to the Sessions Court having
jurisdiction.
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14) APEAL-735.15 & 736.15 (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. 735 of 2015 and 736 of 2015 are
disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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