Created by Fuzzy Cloud

Bombay High Court

SUMAN TUKARAM KOKANEversusDAMODAR NARSINGRAO ANUGONDA AND ANR

Disposal
Disposed Off

Holding

The proceedings are to be transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Suman Tukaram Kokane, filed a criminal appeal (No. 990 of 2011) before the Bombay High Court, Circuit Bench, Kolhapur, challenging the jurisdiction of the proceedings. Both parties’ counsel cited the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), arguing that the matter should be tried before the Sessions Court having territorial jurisdiction. The Court examined whether the High Court could retain the case or was obliged to transfer it to the appropriate Sessions Court. Relying on the precedent that such criminal matters fall within the Sessions Court’s jurisdiction, the Judge ordered the transfer of the proceedings. The order also directed the Registrar to effect the transfer, instructed the Sessions Court to re‑register and expedite the case, and disposed of the appeal and any interim applications.

Issues considered

  • Whether the criminal proceedings pending before the High Court should be transferred to the Sessions Court having jurisdiction.

Subjects

  • transfer of jurisdiction
  • criminal appeal
  • sessions court
  • procedural law
  • jurisdiction

Judgment

            Digitally signed
            by LAXMIKANT
LAXMIKANT   GOPAL
GOPAL       CHANDAN                                                  (3) APEAL 990.11.DOCX
CHANDAN     Date:
            2026.08.25
            16:27:04 +0530
                                                                                         lgc

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIRCUIT BENCH AT KOLHAPUR
                                      CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL APPEAL NO. 990 OF 2011

                        Suman Tukaram Kokane                          : Appellant.
                             Versus
                        Damodar Narsingrao Anugonda and anr.                : Respondents.


                        ______________________________________________________

                        Mr. Shrishail Sakhare, for the Appellant.
                        Chandrakant D. Mali, APP for the Respondent – State.
                        ______________________________________________________

                                                 CORAM : ASHWIN D. BHOBE, J.

                                                  DATED :     25 AUGUST 2026
                        PC:-



                        1.     Heard learned Advocate for the Appellant and learned APP
                        for the Respondent – State.

                        2.     Learned Advocates for the parties, 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, submit that these proceedings would now lay before the
                        Sessions Court having jurisdiction. They therefore request that
                        these proceedings be transferred to the Sessions Court having
                        jurisdiction.

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



                                                          1
                                              (3) APEAL 990.11.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. 990 of 2011 is disposed of.

5.    Interim Application, if any, is also disposed of.




                                            (ASHWIN D. BHOBE, J.)




                                   2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.