Bombay High Court

SAMRUDHI NAGARI SAHKARI PAT SANSTHA THORUGH BAPU NAYAKU SHINDEversusSANGITA BHIMRAO MADIWAL AND ANR

Disposal: Disposed Off

Holding

The High Court held that the criminal appeal should be transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Samrudhi Nagari Sahkari Patsanstha, filed a criminal appeal before the Bombay High Court seeking transfer of the proceedings to a Sessions Court with appropriate jurisdiction. The appellant relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by the Sessions Court. The High Court examined whether the appellate jurisdiction of the High Court permitted such a transfer and whether the precedent applied. It concluded that the proceedings must be transferred to the competent Sessions Court to ensure proper jurisdiction. Accordingly, the Court ordered the transfer, directed the Registrar to effect it, and directed the Sessions Court to expedite the matter. The appeal and any interim applications were thereafter disposed of.

Issues considered

Whether the High Court has authority to transfer a criminal appeal to a Sessions Court having jurisdiction.
Whether the Supreme Court precedent in Celestium Financial v. A. Gnanasekaran is applicable for directing such a transfer.
Whether the transfer is appropriate given the pendency of the proceedings.

Subjects

transfer of criminal proceedings
jurisdiction
sessions court
high court appellate jurisdiction
procedural law
criminal appeal

Judgment

Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (14) APEAL-920.14.DOCX
CHANDAN Date:
2026.08.25
16:27:05 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 920 OF 2014

Samrudhi Nagari Sahkari Patsanstha
Through Bapu Nayaku Shinde : Appellant.
Versus
Sangita Bhimrao Madiwal and anr. : Respondents.

______________________________________________________

Ms. Benazir Jamadar i/by Mr. Umesh Mankapure for the Appellant.
Mr. S. S. Choudhari, APP for the Respondent – State.
______________________________________________________

CORAM : ASHWIN D. BHOBE, J.

DATED : 25 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
(14) APEAL-920.14.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. 920 of 2014 is disposed of.

5. Interim Application, if any, is also disposed of.

(ASHWIN D. BHOBE, J.)

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