Bombay High Court
DADASO SIDHU GADADEversusMAHADEV LINGAPPA KARAJANGE AND ANR
- Disposal
- Disposed Off
Holding
The High Court held that the criminal appeal must be transferred to the Sessions Court having jurisdiction, as per the Supreme Court’s ruling in Celestium Financial v. A. Gnanasekaran.
Summary
The appellant Dadaso Sidhu Gadade filed a criminal appeal before the Bombay High Court, seeking transfer of the proceedings to a Sessions Court. The appellant’s counsel, citing the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), argued that the Sessions Court has jurisdiction over the matter. The Court agreed, directing that the appeal be transferred to the appropriate Sessions Court, which must re‑register the case, issue notices, and expedite the trial. The High Court ordered the Registrar to effect the transfer and instructed the Sessions Court to proceed on the merits. Consequently, the appeal and any interim applications were disposed of pending transfer.
Issues considered
- Whether the High Court has jurisdiction to transfer a criminal appeal to a Sessions Court having jurisdiction under the Supreme Court precedent.
- Whether the proceedings should be re‑registered and expedited in the Sessions Court after transfer.
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- high court
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN 17) APEAL-825.15 (CR).DOCX
GOPAL Date:
CHANDAN 2026.08.24
18:48:51
+0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 825 OF 2015
Dadaso Sidhu Gadade : Appellant
VERSUS
Mahadev Lingappa Karajange And Anr : Respondents
______________________________________________________
Mr. Balwant Salunkhe (Through V.C.) a/w Mr. Omkar Koratkar for
the Appellant.
Mr. S. S. Choudhari, 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.
3. In view of the above, the following order is passed :-
1
17) APEAL-825.15 (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. 825 of 2015 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
2
Checking your session…