Bombay High Court
RAVINDRA BHAGWANRAO GAIKWADversusPANDIT YASHWANT AVATE AND ANR
- Disposal
- Disposed Off
Holding
The High Court held that the proceedings must be transferred to the Sessions Court having jurisdiction.
Summary
The appellant, Ravindra Bhagwanrao Gaikwad, filed a criminal appeal before the Bombay High Court against respondents Pandit Yashwant Avate and another. The appellant's counsel, citing the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), argued that the matter should be heard by the Sessions Court having jurisdiction. The High Court, after hearing both sides, ordered that the proceedings be transferred to the appropriate Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register, issue notices, and expedite the case. The court also directed cooperation of parties for early disposal. Consequently, Criminal Appeal No. 852 of 2012 and any interim applications were disposed of.
Issues considered
- Whether the criminal appeal pending before the High Court should be transferred to the Sessions Court having jurisdiction
- Whether the High Court has authority to order transfer of criminal proceedings to a lower court under the cited Supreme Court precedent
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- Sessions Court
- procedural law
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN 6) APEAL-852.12 (CR).DOCX
GOPAL Date:
CHANDAN 2026.08.24
18:48:50
+0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 852 OF 2012
Ravindra Bhagwanrao Gaikwad : Appellant
VERSUS
Pandit Yashwant Avate And Anr : Respondents
______________________________________________________
Mr. I. M. Khairdi a/w Mr. Ruturaj Kadam for the Appellant.
Mr. S S Choudhari, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 24 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 :-
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6) APEAL-852.12 (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. 852 of 2012 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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