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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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