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Bombay High Court

SHOUKAT BABULAL TAMBOLIversusBABULAL YAQUOOB PATHAN AND ANR.

Disposal
Disposed Off

Holding

The proceedings are transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Shoukat Babulal Tamboli, failed to appear before the Bombay High Court, Kolhapur Circuit Bench, for Criminal Appeal No. 930 of 2023. The State's counsel, S. S. Choudhari, relied on the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by a Sessions Court with appropriate jurisdiction. The Court agreed that the proceedings were pending before an inappropriate forum and ordered their transfer to the competent Sessions Court. The Registrar was directed to effect the transfer and the Sessions Court was instructed to re‑register the case, issue notices, and expedite the matter. Consequently, the appeal and any interim applications were disposed of.

Issues considered

  • Whether the High Court has jurisdiction to continue the criminal appeal or the matter should be transferred to a Sessions Court with territorial jurisdiction.

Subjects

  • jurisdiction
  • transfer of proceedings
  • sessions court
  • criminal appeal
  • high court

Judgment

          Digitally signed
          by LAXMIKANT
LAXMIKANT GOPAL
GOPAL     CHANDAN                                                          (902) APEAL-930.23.DOCX
CHANDAN   Date:
          2026.08.25
          16:33:24 +0530
                                                                                                 lgc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIRCUIT BENCH AT KOLHAPUR
                                            CRIMINAL APPELLATE JURISDICTION

                                              CRIMINAL APPEAL NO.930 OF 2023

                             Shoukat Babulal Tamboli                         : Appellant.
                                   Versus
                             Babulal Yaquoob Pathan and anr.                 : Respondents.

                             ______________________________________________________

                             None for the Appellant.
                             Mr. S. S. Choudhari, APP for the Respondent – State.
                             ______________________________________________________

                                                       CORAM : ASHWIN D. BHOBE, J.

                                                        DATED :      25 AUGUST 2026
                             PC:-



                             1.      When this matter is called out, neither the Appellant nor the
                             Advocate for the Appellant are present physically or through V. C.
                             mode.

                             2.      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 :-



                                                                 1
                                           (902) APEAL-930.23.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. 930 of 2023 is disposed of.

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




                                            (ASHWIN D. BHOBE, J.)




                                   2


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