Bombay High Court

ANAJE FISHERIES AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS.

Disposal: Disposed Off

Holding

The High Court ordered the transfer of the proceedings to the Sessions Court having jurisdiction.

Summary

The petitioners, Anaje Fisheries and another, filed a criminal writ petition before the Bombay High Court, but neither they nor their counsel appeared. The State of Maharashtra, through counsel Mr. C. D. Mali, argued that the matter should be heard by the Sessions Court having jurisdiction, relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025). The High Court agreed, ordering that the proceedings be transferred to the appropriate Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register, issue notices, and expedite the case. The High Court also directed cooperation of the parties for early disposal. Consequently, the writ petition and any interim applications were disposed of.

Issues considered

Whether the High Court has jurisdiction to entertain the criminal writ petition or it should be transferred to the Sessions Court having jurisdiction.

Subjects

jurisdiction
transfer of proceedings
criminal writ petition
High Court
Sessions Court
expeditious disposal

Judgment

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1-WP-2279-2018 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. WRIT PETITION NO. 2279 OF 2018

Anaje Fisheries And Anr. …...Petitioners
VERSUS
The State Of Maharashtra And Ors. …...Respondents

_________________________________________________________________

None for Petitioners.
Mr. C. D. Mali, APP, for Respondent No.1 - State.
_________________________________________________________________

Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.02
19:40:22
+0530
CORAM : ASHWIN D. BHOBE, J.
DATE : 2nd SEPTEMBER, 2026.
P.C.

1. When this matter is called out, neither the Petitioners nor the

Advocate for the Petitioners are present physically or through V. C. mode.

2. Learned APP for Respondent No.1 – State, 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, submits

that these proceedings would now lay before the Sessions Court having

jurisdiction. He therefore submits that these proceedings be transferred to

the Sessions Court having jurisdiction.

Shantanu S. Dhudum
2/2
1-WP-2279-2018 (CR).DOC

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

ORDER

(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 Writ Petition No.2279 of 2018 is disposed of.

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

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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