Bombay High Court
SHANKARRAO JOTIRAO BANGEversusTANAJI APPASAHEB BAGADI AND ANR
- Disposal
- Disposed Off
Holding
The High Court held that, in view of the Supreme Court precedent, the criminal appeals must be transferred to the Sessions Court having jurisdiction.
Summary
Multiple criminal appeals (Nos. 983‑986 of 2013) were filed in the Bombay High Court, Kolhapur Bench, against the same respondents. Neither the appellants nor their counsel appeared before the Court. The State’s counsel, S. H. Yadav, relied on the Supreme Court’s decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320) that such matters fall within the jurisdiction of the Sessions Court. The High Court agreed that the proceedings should be before the Sessions Court and ordered their transfer. The Registrar was directed to effect the transfer, re‑register the cases, and the Sessions Court was instructed to issue notices and expedite the matters. All four appeals and any interim applications were thereafter disposed of.
Issues considered
- Whether the Bombay High Court has jurisdiction to try the criminal appeals or they should be transferred to the Sessions Court having territorial jurisdiction.
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- Sessions Court
- High Court
- procedural law
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
WITH
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
CRIMINAL APPEAL NO.986 OF 2013
DHUDUM Date:
2026.09.24
18:40:14
+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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