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Bombay High Court

SUNIL NARAYAN TEGNINAMNIversusDILIP SADASHIVRAO DESAI AND ANR

Disposal
Disposed Off

Holding

The proceedings are transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Sunil Narayan Tegninamni, filed criminal appeals (Nos. 834 and 836 of 2014) against respondents Dilip Sadashivrao Desai and others. The appellant and his counsel were absent when the matter was called, while the respondent's counsel, Mr. Kaustubh Rayrikar, and the State's APP, Mr. C. D. Mali, appeared. They relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the pending proceedings should be heard by a Sessions Court having jurisdiction. The High Court, after considering the precedent, ordered that the appeals be transferred to the appropriate Sessions Court for re‑registration and further disposal. The Court also directed the Sessions Court to expedite the matter and disposed of both criminal appeals and any interim applications.

Issues considered

  • Whether the pending criminal appeals should be transferred to a Sessions Court having jurisdiction in view of the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran.
  • Whether the High Court has the authority to order such a transfer and direct expeditious disposal.

Subjects

  • jurisdiction
  • transfer of criminal proceedings
  • sessions court
  • appellate jurisdiction
  • Supreme Court precedent

Judgment

                                                    30-APEAL-834-2014 (CR).docx


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION
                      CR. APPEAL NO. 834 OF 2014
Sunil Narayan Tegninamni                      … Appellant
                    Versus
Dilip Sadashivrao Desai And Anr.                   … Respondents
                                    WITH
                      CR. APPEAL NO. 836 OF 2014
Sunil Narayan Tegninamni                      … Appellant
                    Versus
Dilip Sadashivrao Desai And Anr.                   … Respondents
                                ——————
Mr. Kaustubh Rayrikar i/b Manoj Patil, Advocate for the Respondent No. 1.
Mr. C. D. Mali, APP for the Respondent – State.
                                ——————

                                Coram :    ASHWIN D. BHOBE, J.

                                Date:      17th September 2026.

PER COURT :


1.      When these matters were called out, neither the Appellant nor the
Advocate for the Appellant were present in Court either physically or through
V. C. mode. Mr. Kaustubh Rayrikar, learned Advocate for the Respondent No.
1, is present.

2.      Mr. Kaustubh Rayrikar, learned Advocate for the Respondent No. 1 and
Mr. C. D. Mali, 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 , submit that
these proceedings would now lay before the Sessions Court having


Arjun                               1
                                                                              30-APEAL-834-2014 (CR).docx


                     jurisdiction. They therefore submit that these proceedings be transferred to
                     the Sessions Court having jurisdiction.

                     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. 834 of 2014 and 836 of 2014 are disposed of.

                     5.      Interim Applications, if any, are also disposed of.


                                                                            [ ASHWIN D. BHOBE, J. ]

        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:        Arjun                                  2
        2026.09.21
        11:30:50
        +0530


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