Created by Fuzzy Cloud

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.)




                                   2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.