Bombay High Court
BALASAHEB MAHADEV PAWARversusVASANT SHANKARRAO CHAVAN AND ANR
- Disposal
- Disposed Off
Holding
The High Court ordered the transfer of the criminal proceedings to the Sessions Court having jurisdiction.
Summary
Balasaheb Mahadev Pawar appealed to the Bombay High Court against Vasant Shankarrao Chavan and others. The appellant, through counsel, relied on a recent Supreme Court decision (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, 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 order also directed the parties to cooperate for early disposal. The appeal and any interim applications were thereafter disposed.
Issues considered
- Whether the High Court can transfer criminal proceedings to a Sessions Court having jurisdiction under the applicable law
- Whether the Supreme Court precedent cited mandates such a transfer
Subjects
- transfer of criminal proceedings
- jurisdiction
- Sessions Court
- criminal appeal
- procedural order
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN
GOPAL Date:
10) APEAL-858.13 (CR).DOCX
CHANDAN 2026.08.27
20:29:54
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 858 OF 2013
Balasaheb Mahadev Pawar : Appellant.
VERSUS
Vasant Shankarrao Chavan and anr. : Respondents.
______________________________________________________
Mr. Balwant Salunkhe (Through V.C.) a/w Mr. Omkar Koratkar for
the Appellant.
Mr. Nitin B Patil, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 27 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
10) APEAL-858.13 (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. 858 of 2013 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
2
Checking your session…