Bombay High Court
AMIT ANANDRAO PAWARversusNAMRATA ROWNAK BHOSALE @ NAMRATA KUNDLIK NAIK AND ANR
- Disposal
- Disposed Off
Holding
The High Court held that, in view of the Supreme Court precedent, the proceedings must be transferred to the Sessions Court having jurisdiction.
Summary
The appellant, Amit Anandrao Pawar, failed to appear before the Bombay High Court, either in person or via video conference. The State’s counsel, C. D. Mali, relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the criminal proceedings should be before a Sessions Court with jurisdiction. The Court agreed, directing that the case be transferred to the appropriate Sessions Court for re‑registration and further hearing. It instructed the Sessions Court to issue notices to the parties and to expedite the matter, given the delay already incurred. Consequently, the appeal (Criminal Appeal No. 858 of 2018) and any interim applications were disposed of.
Issues considered
- Whether the criminal proceedings pending before the High Court should be transferred to a Sessions Court having jurisdiction.
- Whether the Supreme Court precedent in Celestium Financial v. A. Gnanasekaran mandates such a transfer.
Subjects
- jurisdiction
- transfer of criminal proceedings
- Sessions Court
- appeal disposal
- Supreme Court precedent
Judgment
35-APEAL-858-2018 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 858 OF 2018
Amit Anandrao Pawar … Appellant
Versus
Namrata Rownak Bhosale @ Namrata Kundlik … Respondents
Naik And Anr
——————
None for the Appellant.
Mr. C. D. Mali, APP for the Respondent – State.
——————
Coram : ASHWIN D. BHOBE, J.
Date: 17th September 2026.
PER COURT :
1. When this matter was called out, neither the Appellant nor the
Advocate for the Appellant were present in Court either physically or through
V. C. mode.
2. Mr. C. D. Mali, learned APP for the Respondent – State, 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 , submits
that these proceedings would now lay before the Sessions Court having
jurisdiction. He therefore submits that these proceedings be transferred to
the Sessions Court having jurisdiction.
3. In view of the above, the following order is passed :-
Arjun 1
35-APEAL-858-2018 (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 2018 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
11:35:51
+0530
Arjun 2
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