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Bombay High Court

SUBHASH RAYAPPA PRABHUversusDINESH MARIAPPA PRABHU AND ORS

Decided
Disposal
Disposed Off

Holding

The order dated 17 January 2026 remanding the case to the Sessions Court is recalled.

Summary

In Criminal Appeal No.151 of 2015, the applicant filed an interim application seeking recall of the Court's order dated 17 January 2026 which had remanded the matter to the Sessions Court. The applicant argued that the appellant's absence before the High Court on that date would create a technical difficulty for the Sessions Court. Relying on the Supreme Court's view in Celestium Financial Ltd. v. A. Gnanasekaran (2005) SC 2099, counsel contended that the order should be set aside. The learned judge considered the submission and found merit in the argument. Consequently, the order of 17 January 2026 was recalled and the interim application was disposed of.

Issues considered

  • What is the effect of the appellant's non-appearance on a remand order?
  • Whether the High Court can recall its own order of remand on technical grounds?

Subjects

  • criminal appeal
  • interim application
  • remand
  • recall of order
  • procedural issue

Judgment

                                                                             61-IA-2457-2026 (CR).doc


        Shubhada S Kadam


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO. 2457 OF 2026
                                                        IN
                                          CRIMINAL APPEAL NO.151 OF 2015

                       Subhash Rayappa Prabhu                                   ...Applicant/s
                       Versus
                       Dinesh Mariappa Prabhu and ors.                          ...Respondent/s

                       _________________________________________________________________

                       Ms. Roli Singh, Advocate for Applicant.
                       Mr. S. R. Agarkar, APP for Respondent No.6-State.
                       _________________________________________________________________

                                                           CORAM       :   SHIVKUMAR DIGE, J.
                                                           DATE        :   7th SEPTEMBER, 2026.
                       P.C. :

                       1.         Heard learned counsel for the applicant.

                       2.         Learned counsel for the applicant submits that this Court, by

                       order dated 17th January, 2026, has remanded the matter to Sessions Court

                       as per the view of Hon’ble Apex Court in Celestium Financial Vs. A.

                       Gnanasekaran & Etc.1. Learned counsel further submitted that as the

                       appellant’s presence was not shown before this Court on the said date, it

                       may pose technical difficulty before the Sessions Court, where the matter is

                       remanded. Hence, the order dated 17th January 2026 be recalled and the

                       petition be heard today and the matter be remanded back to the Sessions
         Digitally
         signed by
         SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM    Date:
                       Court.
         2026.09.09
         11:17:35
         +0530
                       1 (2005) SC 2099.

                                                       Page 1 of 2
                                                                     61-IA-2457-2026 (CR).doc


Shubhada S Kadam


               3.         Considering the submission of learned counsel for the applicant,

               the order passed on 17th January, 2026 is recalled.

               4.         The interim application stands disposed of in above terms.




                                                             (SHIVKUMAR DIGE, J.)




                                               Page 2 of 2


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