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Bombay High Court

PANKAJ MAHADEO MHETREversusVIJAY SHIVAJI KORE AND ANR

Disposal
Disposed Off

Holding

The High Court held that the proceedings must be transferred to the Sessions Court having jurisdiction, as mandated by the Supreme Court precedent.

Summary

The appellant, Pankaj Mahadeo Mhetre, filed a criminal appeal before the Bombay High Court seeking relief against the respondents. The appellant's counsel, Mr. Rahul Rote, cited the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be before a Sessions Court with appropriate jurisdiction. The respondent, the State, was represented by Mr. C. D. Mali. The Court considered whether the High Court had jurisdiction to continue the proceedings or whether they must be transferred to a Sessions Court. Relying on the Supreme Court precedent, the Court ordered the transfer of the proceedings to the competent Sessions Court and directed the registrar to effect the transfer. The transferred case was to be re‑registered, notice issued, and the matter proceeded on its merits with an instruction to expedite disposal. Consequently, Criminal Appeal No. 840 of 2013 and any interim applications were disposed of.

Issues considered

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

Subjects

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

Judgment

                                                       27-APEAL-840-2013 (CR).docx


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION
                      CR. APPEAL NO. 840 OF 2013

Pankaj Mahadeo Mhetre                                 … Appellant
                      Versus
Vijay Shivaji Kore And Anr.                           … Respondents


                                 ——————
Mr. Rahul Rote i/b Vijay Killedar, Advocate for the Appellant.
Mr. C. D. Mali, APP for the Respondent – State.

                                  ——————

                                  Coram :     ASHWIN D. BHOBE, J.

                                  Date:       17th September 2026.

PER COURT :


1.      Heard Mr. Rahul Rote, learned Advocate for the Appellant and Mr. C.

D. Mali, 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 :-




Arjun                                 1
                                                                             27-APEAL-840-2013 (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. 840 of 2013 is disposed of.

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




                                                                        [ ASHWIN D. BHOBE, J. ]



        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.21
        11:25:52
        +0530




                 Arjun                                  2


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