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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 :-



                                                              1
                                          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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