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Bombay High Court

SHANKAR JAYWANT PATANKARversusSADASHIV BHANUDAS JADHAV AND ANR.

Disposal
Disposed Off

Holding

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

Summary

The appellant, Shankar Jaywant Patankar, failed to appear before the Bombay High Court, Kolhapur Bench, for Criminal Appeal No. 970 of 2022. The State, represented by Advocate Nitin B. Patil, cited 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 examined whether the appellate jurisdiction of the High Court was proper or whether a transfer was mandated by the precedent. Relying on the Supreme Court ruling, the Court ordered the transfer of the proceedings to the competent Sessions Court. The order also directed the Sessions Court to re‑register the case, issue notices, and expedite the trial, while disposing of the appeal and any interim applications.

Issues considered

  • Whether the High Court has jurisdiction to continue hearing Criminal Appeal No. 970 of 2022 or should transfer it to a Sessions Court with jurisdiction as per the Supreme Court precedent.

Subjects

  • jurisdiction
  • transfer of proceedings
  • criminal appeal
  • sessions court
  • procedural law

Judgment

            Digitally signed
            by LAXMIKANT
            GOPAL
LAXMIKANT   CHANDAN                                                   (26) APEAL-970.22.DOCX
GOPAL       Date:
CHANDAN     2026.08.27
            17:17:59
            +0530                                                                           lgc
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIRCUIT BENCH AT KOLHAPUR
                                       CRIMINAL APPELLATE JURISDICTION

                                         CRIMINAL APPEAL NO.970 OF 2022


                        Shankar Jaywant Patankar               : Appellant.
                              Versus
                        Sadashiv Bhanudas Jadhav & anr.        : Respondents.
                        ______________________________________________________

                        None for the Appellant.
                        Mr. Nitin B Patil, 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
                                            (26) APEAL-970.22.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. 970 of 2022 is disposed of.

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




                                            (ASHWIN D. BHOBE, J.)




                                   2


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