Bombay High Court

VAISHNAVI YARNSversusSHRINIWAS YALLAYA AWADHUT AND ANR

Disposal: Disposed Off

Holding

The High Court ordered the transfer of the criminal proceedings to the Sessions Court having jurisdiction.

Summary

The appellant, Vaishnavi Yarns, filed a criminal appeal (No. 856 of 2011) before the Bombay High Court, Circuit Bench, Kolhapur. The appellant and the respondent (State) argued, relying on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), that the proceedings should be before a Sessions Court having jurisdiction. The Court considered whether it had the authority to transfer the case to the appropriate Sessions Court under the Criminal Procedure Code. Finding that the transfer was appropriate to ensure jurisdictional propriety and expedite the pending matter, the Court ordered the transfer. The order directed the Registrar to effect the transfer, the Sessions Court to re‑register and issue notices, and to expedite the proceedings. The appeal and any interim applications were disposed of.

Issues considered

Whether the High Court has the jurisdiction to transfer criminal proceedings to a Sessions Court having territorial jurisdiction

Subjects

transfer of jurisdiction
criminal appeal
sessions court
procedural law
Criminal Procedure Code

Judgment

13-APEAL-856-2011 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 856 OF 2011

Vaishnavi Yarns … Appellant
Versus
Shriniwas Yallaya Awadhut And Anr … Respondent
——————
Mr. Onkar Bajaj i/b Priyal Sarda, Advocate for the Appellant.
Mr. N. B. Patil, APP for the Respondent – State.
——————

Coram : ASHWIN D. BHOBE, J.

Date: 17th September 2026.

PER COURT :

1. Heard Mr. Onkar Bajaj, learned Advocate for the Appellant and Mr. N.
B. Patil, 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 :-

(i) The present proceedings be transferred to the
Sessions Court, having jurisdiction;

Arjun 1
13-APEAL-856-2011 (CR).docx

(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. 856 of 2011 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
11:02:07
+0530

Arjun 2

Continue reading with your account

Checking your session…