Bombay High Court
MUBIN CHHOTUBHAI BHAGWANversusASIF IQBAL NOORAHMED BAGWAN AND ANR
- Disposal
- Disposed Off
Holding
The appeal is disposed by ordering the transfer of the proceedings to the Sessions Court having jurisdiction.
Summary
Mubin Chhotubhai Bhagwan appealed against Asif Iqbal Noorahmed Bagwan and another. The appellant argued, relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), that the criminal proceedings should be before a Sessions Court having jurisdiction. The High Court, after hearing counsel for both sides, agreed that the matter fell within the Sessions Court’s jurisdiction and ordered its transfer. The Court directed the Registrar to effect the transfer, instructed the Sessions Court to re‑register the case, issue notices and expedite the matter. The appeal and any interim applications were consequently disposed of.
Issues considered
- Whether the High Court can transfer criminal appeal proceedings to a Sessions Court having jurisdiction
- Whether the Supreme Court precedent in Celestium Financial v. A. Gnanasekaran mandates such transfer
Subjects
- transfer of criminal proceedings
- jurisdiction
- sessions court
- high court order
- criminal appeal
- procedural law
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (5) APEAL 778.12.DOCX
CHANDAN Date:
2026.08.25
16:27:04 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 778 OF 2012
Mubin Chhotubhai Bhagwan : Appellant.
Versus
Asif Iqbal Noorahmed Bagwan and anr. : Respondents.
______________________________________________________
Mr. Shrishail Sakhare for the Appellant.
Ms. Shubhangi N Deshmukh, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 25 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.
3. In view of the above, the following order is passed :-
1
(5) APEAL 778.12.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. 778 of 2012 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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