Bombay High Court

GANESH HERBALS THORUGH PARTNER DR RAJEEV BAJARANG THORATversusSUJIT R. HALARANKAR AND ANR

Disposal: Allowed

Holding

The appeal must be transferred to the Sessions Court having jurisdiction, and the High Court’s proceedings are thereby disposed of.

Summary

The appellant, Ganesh Herbals Through Partner Dr. Rajeev Bajarang Thorat, was absent along with his counsel when the matter was called. The State, represented by Dr. Ashvini A. Takalkar, relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the proceedings should be before a Sessions Court with jurisdiction. The High Court agreed, ordering the transfer of the appeal to the appropriate 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, Criminal Appeal No. 981 of 2014 and any pending interim applications were disposed of.

Issues considered

Whether the High Court has jurisdiction to hear the criminal appeal or it should be transferred to a Sessions Court having jurisdiction.
Whether the precedent set by Celestium Financial v. A. Gnanasekaran mandates transfer of such proceedings to the Sessions Court.

Subjects

jurisdiction
transfer of proceedings
sessions court
criminal appeal
court jurisdiction
case management

Judgment

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14-APEAL-981-2014 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. APPEAL NO. 981 OF 2014

Ganesh Herbals Thorugh Partner
Dr Rajeev Bajarang Thorat …...Appellant
VERSUS
Sujit R. Halarankar And Anr. …...Respondents

_________________________________________________________________

None for Applicant.
Dr. Ashvini A. Takalkar, A.P.P., for Respondent No.2 - State.
_________________________________________________________________

Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.10.07
20:49:33
+0530
CORAM : ASHWIN D. BHOBE, J.
DATE : 7th OCTOBER, 2026.
P.C.

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 this proceedings would now lay before the Sessions Court having

jurisdiction. She therefore submits that this proceedings be transferred to

the Sessions Court having jurisdiction.

3. In view of the above, the following order is passed :-

Shantanu S. Dhudum
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14-APEAL-981-2014 (CR).DOC

(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 this proceedings to the Sessions

Court, having jurisdiction;

(iii) The Sessions Court, to which this 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. 981 of 2014 is disposed of.

5. All pending Interim Applications, if any, also stand disposed of.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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