Bombay High Court
SUSHILA DINKAR BANGEversusTANAJI APPASAHEB BAGADI AND ANR
- Disposal
- Disposed Off
Holding
The appeal is transferred to the Sessions Court having jurisdiction, and the High Court disposes of the appeal.
Summary
The High Court of Bombay (Kolhapur Circuit Bench) heard Criminal Appeal No. 982 of 2013 filed by Sushila Dinkar Bange, who was absent along with her counsel. The State’s counsel, Nitin B. Patil, cited the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) that similar proceedings should be before a Sessions Court. The Court held that the matter fell within the jurisdiction of the Sessions Court and ordered its transfer, directing the Registrar to effect the transfer and the Sessions Court to re‑register, issue notices, and expedite the case. The High Court directed the Sessions Court to proceed on the merits after re‑registration. Consequently, the appeal and any interim applications were disposed of.
Issues considered
- Whether the High Court has jurisdiction to continue the criminal appeal or it must be transferred to the Sessions Court.
- Whether the Supreme Court precedent in Celestium Financial v. A. Gnanasekaran mandates transfer of such proceedings to the Sessions Court.
Subjects
- jurisdiction
- transfer of proceedings
- Sessions Court
- criminal appeal
- high court disposal
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL 11) APEAL-982.13 (CR).DOCX
GOPAL CHANDAN
CHANDAN Date:
2026.08.27
20:30:23 +0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.982 OF 2013
Sushila Dinkar Bange : Appellant.
VERSUS
Tanaji Appasaheb Bagadi and anr. : Respondents.
______________________________________________________
None for the Appellant.
Mr. Nitin B Patil, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 27 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 :-
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11) APEAL-982.13 (CR).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. 982 of 2013 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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