Bombay High Court
GOVINDRAO JOTIRAO BANGEversusTANAJI APPASAHEB BAGADI AND ANR
- Disposal
- Disposed Off
Holding
The appeals are to be transferred to the Sessions Court having jurisdiction.
Summary
The High Court of Bombay, Kolhapur Circuit Bench, heard multiple criminal appeals (Nos. 983‑986 of 2013) where none of the appellants or their counsel were present. The State’s assistant public prosecutor, Mr. S. H. Yadav, relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matters should be tried before a Sessions Court having jurisdiction. The Court agreed, ordering that the appeals be transferred to the appropriate Sessions Court, re‑registered, and that the Sessions Court issue notices and expedite the proceedings. Consequently, the appeals were disposed of by transfer, and any interim applications were also dismissed.
Issues considered
- Whether the High Court has jurisdiction to try the criminal appeals or they should be transferred to a Sessions Court
- Whether the Supreme Court precedent in Celestium Financial v. A. Gnanasekaran applies to these appeals
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- Sessions Court
- High Court
- procedural order
Judgment
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501-APEAL-983-2013 AND CONNECTED MATTERS.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.983 OF 2013
Govindrao Jotirao Bange ….Appellant
VERSUS
Tanaji Appasaheb Bagadi and Anr. ....Respondents
WITH
CRIMINAL APPEAL NO.984 OF 2013
Vidyadhar Shamrao Bange ….Appellant
VERSUS
Tanaji Appasaheb Bagadi and Anr. ....Respondents
WITH
CRIMINAL APPEAL NO.985 OF 2013
Shankarrao Jotirao Bange ….Appellant
VERSUS
Digitally
signed by
Tanaji Appasaheb Bagadi and Anr. ....Respondents
SHANTANU
SHANTANU
SHANKARSA
SHANKARSA
DHUDUM WITH
DHUDUM Date:
2026.09.24
18:40:14 CRIMINAL APPEAL NO.986 OF 2013
+0530
Rangrao Jotirao Bange ….Appellant
VERSUS
Tanaji Appasaheb bagadi and Anr. ....Respondents
_________________________________________________________________
None for Appellant.
Mr. S. H. Yadav, APP, for the Respondent-State.
_________________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 24th SEPTEMBER, 2026.
Shantanu S. Dhudum
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501-APEAL-983-2013 AND CONNECTED MATTERS.DOC
P.C.
1. When these matters are 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 :-
(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
matters on its own merits and in accordance with law.
Shantanu S. Dhudum
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501-APEAL-983-2013 AND CONNECTED MATTERS.DOC
(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 Nos.983, 984, 985 and 986 of 2014 are
disposed of.
5. Interim Application, if any, is also disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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