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Bombay High Court

RAMCHANDRA BHIVA KATALEversusARUN LAXMAN KULKARNI AND ANR

Disposal
Disposed Off

Holding

The proceedings are ordered to be transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Ramchandra Bhiva Katale, appealed against respondents Arun Laxman Kulkarni and another. The appellant's counsel, citing the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), argued that the criminal proceedings should be before a Sessions Court with appropriate jurisdiction. The High Court, after hearing counsel for both parties and the State, ordered that the case be transferred to the competent Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register, notify the parties, and expedite the matter. The Court also directed cooperation of parties for early disposal. Consequently, the appeal 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 as per the Supreme Court precedent.

Subjects

  • jurisdiction
  • transfer of criminal proceedings
  • sessions court
  • appellate jurisdiction
  • procedural order

Judgment

            Digitally signed
            by
            LAXMIKANT
LAXMIKANT   GOPAL
GOPAL       CHANDAN                                                        (42) APEAL-942.15.DOCX
CHANDAN     Date:
            2026.08.27
            17:13:42
            +0530                                                                                 lgc

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

                                               CRIMINAL APPEAL NO.942 OF 2015

                               Ramchandra Bhiva Katale                             : Appellant.
                                     Versus
                               Arun Laxman Kulkarni & Anr.                         : Respondents.

                               ______________________________________________________

                               Mr. Bhushan Jadhav for the Appellant.
                               Ms. Vaishanavi R Gaikwad i/by Mr. Saurabh Kurade for the
                               Respondent No.1.
                               Mr. Chandrakant D Mali, APP for the Respondent – State.
                               ______________________________________________________

                                                        CORAM : ASHWIN D. BHOBE, J.

                                                         DATED :     25 AUGUST 2026
                               PC:-



                               1.     Heard learned Advocate for the Appellant, learned Advocate
                               for Respondent No.1 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
                                            (42) APEAL-942.15.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. 942 of 2015 is disposed of.

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




                                            (ASHWIN D. BHOBE, J.)




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