Bombay High Court

REKHA DINKAR SATHEversusVILMA FERNANDES AND ANR

Disposal: Disposed Off

Holding

The High Court ordered that the pending criminal proceedings be transferred to the Sessions Court having jurisdiction.

Summary

Rekha Dinkar Sathe filed a criminal appeal (No. 999 of 2009) before the Bombay High Court, Circuit Bench, Kolhapur, seeking transfer of the pending criminal proceedings against Vilma Fernandes and another to the Sessions Court having jurisdiction. Both parties' counsel relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be tried before the Sessions Court. The Court examined the jurisdictional principle that criminal matters must be heard by the court having territorial jurisdiction. Relying on the precedent, the Court held that the proceedings should be transferred to the appropriate Sessions Court. Accordingly, the High Court ordered the transfer, directed the Registrar to effect it, and directed the Sessions Court to expedite the case. The appeal and any interim applications were thereafter disposed of.

Issues considered

Whether the High Court has the authority to transfer pending criminal proceedings to a Sessions Court having jurisdiction
Whether the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran mandates such a transfer

Subjects

jurisdiction
transfer of criminal proceedings
sessions court
high court
criminal appeal

Judgment

952-APEAL-999-2009.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 999 OF 2009
Rekha Dinkar Sathe … Applicant
Versus
Vilma Fernandes And Anr ...Respondents
__________________________________________________________
Mr. Mahindra Deshmukh for the Applicant.
Mr. S. H. Yadav, APP for the Respondent – State.
__________________________________________________________

CORAM : ASHWIN D. BHOBE, J.
DATE : 28th August, 2026.
P.C. :

1. Heard learned Advocate for the Applicant 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 :-

(i) The present proceedings be transferred to the Sessions Court,
having jurisdiction;

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952-APEAL-999-2009.doc

(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. 999 of 2009 is disposed of.

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

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.01
11:21:38
+0530

Arjun 2

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