Bombay High Court

THE ARYA TECHNOLOGIESversusPROPER EDUCATION AND ANR

Disposal: Disposed Off

Holding

The appeal is transferred to the Sessions Court having jurisdiction.

Summary

In Criminal Appeal No. 751 of 2012, the appellant, The Arya Technologies, failed to appear before the Bombay High Court, and no counsel appeared on its behalf. The State, represented by Dr. A. A. Takalkar, moved the Court to transfer the proceedings to the Sessions Court, relying on a recent Supreme Court decision (Celestium Financial v. A. Gnanasekaran, 2025 SCC OnLine SC 1320) that such matters should be heard by the Sessions Court having jurisdiction. The High Court examined the jurisdictional issue and agreed that the appeal should be transferred. Accordingly, the 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 matter. The appeal and any interim applications were subsequently disposed of.

Issues considered

Whether the High Court has jurisdiction to continue the criminal appeal or it should be transferred to the Sessions Court having jurisdiction
Whether the Supreme Court precedent in Celestium Financial v. A. Gnanasekaran mandates transfer of such proceedings

Subjects

jurisdiction
transfer of proceedings
criminal appeal
sessions court
procedural law

Judgment

Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN 4) APEAL-751.12 (CR).DOCX
CHANDAN Date:
2026.08.24
19:47:24 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 751 OF 2012

The Arya Technologies : Appellant
VERSUS
Proper Education And Anr : Respondents

______________________________________________________

None for the Appellant.
Dr. A. A. Takalkar, 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.

3. In view of the above, the following order is passed :-

1
4) APEAL-751.12 (CR).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. 751 of 2012 is disposed of.

5. Interim Application, if any, is also disposed of.

(ASHWIN D. BHOBE, J.)

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