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 :-
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(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.)
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