Bombay High Court

SUNIL NARAYAN TEGNINAMNIversusDILIP SADASHIVRAO DESAI AND ORS

Disposal: Disposed Off

Holding

The High Court held that the criminal proceedings should be transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Sunil Narayan Tegninamni, was absent from the hearing of Criminal Appeal No. 835 of 2014 before the Bombay High Court, Kolhapur Bench. Counsel for the respondents cited the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be before a Sessions Court with appropriate jurisdiction. The bench considered whether the High Court retained jurisdiction or whether a transfer was mandated by law and precedent. Relying on the cited Supreme Court authority, the court ordered that the proceedings be transferred to the competent Sessions Court. The High Court also directed the Registrar to effect the transfer, instructed the Sessions Court to re‑register and expedite the case, and disposed of the appeal and any interim applications.

Issues considered

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

Subjects

jurisdiction
transfer of criminal proceedings
sessions court
high court
criminal appeal
procedural law

Judgment

Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN (12) APEAL-835-14.DOCX
GOPAL Date:
CHANDAN 2026.08.27
17:17:58
+0530 lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 835 OF 2014

Sunil Narayan Tegninamni : Appellant.
Versus
Dilip Sadashivrao Desai and anr. : Respondents.

______________________________________________________

None for the Appellant.
Mr. Kaustubh Rayrikar i/by Mr. Manoj Patil for the Respondent
Nos.1 & 2.
Mr. S. H. Yadav, APP for the Respondent No.3 – State.
______________________________________________________

CORAM : ASHWIN D. BHOBE, J.

DATED : 25 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 Advocate for the Respondent Nos. 1 & 2 and
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. They therefore submits that

1
(12) APEAL-835-14.DOCX

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 No. 835 of 2014 is disposed of.

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

(ASHWIN D. BHOBE, J.)

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