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Bombay High Court

M/S. NEW AMAN AGENCIESversusPRAVIN PRAKASH SHETTY AND ANR

Disposal
Disposed Off

Holding

The appeal is transferred to the Sessions Court having jurisdiction.

Summary

The appellant, New Aman Agencies, filed a criminal appeal (No. 848 of 2011) before the Bombay High Court, Circuit Bench at Kolhapur. The appellant and the State counsel relied on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by the Sessions Court having jurisdiction. The High Court considered the precedent and the procedural propriety of transferring pending criminal proceedings. It ordered that the appeal be transferred to the appropriate Sessions Court, directing the Registrar to effect the transfer and the Sessions Court to re‑register and expedite the case. The appeal and any interim applications were thereafter disposed of.

Issues considered

  • Whether the criminal appeal pending before the High Court should be transferred to the Sessions Court having jurisdiction in view of the Supreme Court precedent.

Subjects

  • transfer of jurisdiction
  • criminal appeal
  • Sessions Court
  • procedural law
  • high court order

Judgment

            Digitally signed
            by LAXMIKANT
            GOPAL
LAXMIKANT   CHANDAN
GOPAL       Date:                                                    904-APEAL-848-2011 (CR).DOCX
CHANDAN     2026.08.24
            18:38:33
            +0530
                                                                                                   lgc

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

                                               CRIMINAL APPEAL NO. 848 OF 2011

                               M/s. New Aman Agencies                                : Appellant
                                     VERSUS
                               Pravin Prakash Shetty And Anr                         : Respondents

                               __________________________________________________________

                               Ms.Manjusha Bhosale i/by Adv. P D Pise for the Appellant.
                               Ms. Shubhangi N Deshmukh, APP for the Respondent – State.
                               __________________________________________________________

                                                        CORAM : ASHWIN D. BHOBE, J.

                                                         DATED :      21 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
                                       904-APEAL-848-2011 (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. 848 of 2011 is disposed of.

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




                                             (ASHWIN D. BHOBE, J.)




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