Bombay High Court
DEEPAK VISHANJI MOTA AND ANRversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The High Court allowed the interim application, recalled the order of 17‑02‑2026 and restored the criminal appeal to its file.
Summary
The applicants, Deepak Vishanji Mota and another, filed Interim Application No. 3032 of 2026 seeking to recall the order dated 17‑02‑2026 that had remanded Criminal Appeal No. 417 of 2018 to the Sessions Court. The remand was made in accordance with the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2005) SC 2009. The State of Maharashtra and a second respondent opposed the application, arguing that the appellate court’s order was valid. Justice Shivkumar Dige, after hearing counsel, allowed the interim application, recalled the February order, and restored the criminal appeal to the High Court’s file. The matter was then directed to be placed before the appropriate bench for further hearing.
Issues considered
- Whether the High Court can recall its own order remanding a criminal appeal to the Sessions Court in view of the precedent set by Celestium Financial v. Gnanasekaran.
- Whether the restored appeal can be proceeded with before the High Court despite the earlier direction to file the appeal before the Sessions Court.
Subjects
- interim application
- recall of order
- criminal appeal
- remand
- appellate jurisdiction
- restoration of appeal
Judgment
87-IA-3032-2026 (CR).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRI-INTERIM APPLICATION NO. 3032 OF 2026
VAISHALI IN APEAL/417/2018
ANIL
TIKAM
Deepak Vishanji Mota And Anr ...Applicant/s
Digitally signed
by VAISHALI
VERSUS
ANIL TIKAM
Date:
State Of Maharashtra And Anr ...Respondent/s
2026.10.06
17:43:12 +0530
WITH
CRI-INTERIM APPLICATION NO. 3033 OF 2026
IN APEAL/417/2018
Deepak Vishanji Mota And Anr ...Applicant/s
VERSUS
The State Of Maharashtra And Anr ...Respondent/s
_________________________________________________________________
Mr. Anant Kadge a/w. Mr. Rakesh Sawant i/by Arhat Legal, Advocates for
the Applicant.
Mr. B.B. Kulkarni, APP for Respondent-State.
Mr. Yogesh Israni, Advocate for Respondent No.2.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 1st OCTOBER 2026.
P.C. :
1. Heard learned counsel for the Applicant, learned APP and
learned counsel for Respondent No.2.
2. By this application, the Applicant is seeking to recall the order
dated 17/02/2026 passed in Criminal appeal No. 417 of 2018 passed by
this Court and restore the said Criminal Appeal to the original file.
3. It is contention of learned counsel for the Applicant submits that
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87-IA-3032-2026 (CR).doc
Tikam
this Court has remanded back the matter to the Sessions Court as per the
judgment of Celestium Financial vs. A. Gnanasekaran & Etc. 1 The
Applicant wants to pursue the matter before this Court and requested to
allow the application.
4. Learned APP along with learned counsel for Respondent No.2
strongly objected to allow the application on the ground that this Court
has passed valid order and requested to reject the application.
5. I have heard all learned counsel. This Court has directed the
Applicant to file appeal before the Sessions Court as per the view of the
Hon'ble Apex Court in the case of Celestium Financial (supra.). The
Applicant wishes to pursue the matter before this Court. Considering the
submissions of learned counsel for the Applicant, I pass following order:
ORDER
(i) Interim Application No. 3032 of 2026 is allowed.
(ii) The order dated 17/02/2026 passed in Criminal Appeal No.
417 of 2018 is recalled. and Criminal Appeal is restored to file.
(iii) Interim Application is disposed of.
(iv) After restoring the appeal, matter be placed before appropriate
bench.
(SHIVKUMAR DIGE, J.)
1 (2005) SC 2009
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