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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