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Bombay High Court

RAMESH NAGNATH KADAMversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Allowed

Holding

The court held that Special Case No.81 of 2023 should be transferred to the Sessions Court at Mumbai to be heard together with the other special cases.

Summary

The petitioner, Ramesh Nagnath Kadam, filed a writ petition under Articles 226 and 227 of the Constitution seeking transfer of Special Case No.81 of 2023 pending before the Sessions Court at Solapur to the Sessions Court at Mumbai, to be heard alongside Special Cases Nos.104 and 108 of 2015. The petitioner argued that the charge-sheet in the Solapur case had only recently been filed and that earlier Supreme Court directions had transferred seven related cases to Mumbai. The respondents did not oppose the transfer. The High Court examined the Supreme Court’s earlier order and the provisions of Section 447 of the BNSS governing transfer of criminal proceedings. Finding that the pending case warranted consolidation with the already transferred cases, the Court allowed the petition and ordered the transfer to Mumbai.

Issues considered

  • Whether Section 447 of the BNSS permits transfer of a criminal proceeding pending in one Sessions Court to another Sessions Court.
  • Whether the petitioner is entitled to have Special Case No.81 of 2023 consolidated with Special Cases Nos.104 and 108 of 2015 already transferred to Mumbai.
  • Whether the absence of a framed charge in the Solapur case affects the court's power to order a transfer.

Legislation cited

Subjects

  • criminal case transfer
  • Section 447 BNSS
  • writ petition
  • Articles 226 and 227
  • consolidation of cases
  • High Court of Bombay

Judgment

                                                  901-WP-293-2026-(CR).doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
               CRIMINAL APPELLATE JURISDICTION


                 CR. WRIT PETITION NO. 293 OF 2026

Ramesh Nagnath Kadam                        … Petitioner
           V/s.
The State Of Maharashtra And Anr.           … Respondents

                 ________________________
Mr. Kalpesh Patil i/b. Mr. Prashant Raul, Advocate for Petitioner.
Ms. Mahalaxmi Ganpathy, Addl. PP for respondents-State.
               _________________________

                            CORAM      : RAJESH S. PATIL &
                                         ABHAY J. MANTRI, JJ.


                            DATED      : SEPTEMBER 23, 2026
P.C.:


1.      Mr. Patil, learned counsel appearing on behalf of the

petitioner, seeks liberty to amend the petition by adding the

provisions of Section 447 of the BNSS in the cause title and in

paragraph 8 and to add one more paragraph after paragraph 8 as

paragraph 8A. Learned APP has no objection if amendment is

carried out.


2.      Liberty, as prayed for, is granted. Amendment to be carried

out forthwith.


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3.    By the present Writ Petition, the petitioner is seeking a

direction to transfer the case pending before the Sessions Court at

Solapur, being Special Case No.81 of 2023, to the Sessions Court at

Mumbai, to be heard along with Special Case Nos.104 of 2015 and

108 of 2015.


4.    It is the case of the petitioner that various crimes were

registered against the petitioner and one more accused at various

police stations in the State of Maharashtra. The informant had

alleged in the complaint that the petitioner was then the President

and Managing Director of “Sahitya Ratna Lokshahir Annabhau

Sathe Vikas Mahamandal Maryadit”. It was alleged that the

petitioner had sanctioned various loans and, along with the other

co-accused, in furtherance of their common intention, committed

offences punishable under Sections 406, 409, 109, 420, 465, 466,

467, 468, 471, 474, 120-B and 34 of the IPC and Sections 13(1)(c)

and 13(1)(d) of the PC Act.


5.    The present Writ Petition arises out of C.R. No.373 of 2017

registered with Sadar Bazar Police Station.


6.    The main FIR was filed with Dahisar Police Station, being

FIR No.336 of 2015.


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7.      The present petitioner had preferred Writ Petition (Criminal)

No.245 of 2021 before the Supreme Court of India and, vide order

dated 16 September 2021, seven cases out of nine were

transferred to the Sessions Court at Mumbai to be heard along

with Special Case No.108 of 2015.


8.      It is submitted before us that, at the relevant time, as far as

Crime No.373 of 2017 registered with Sadar Bazar Police Station

was concerned, charge-sheet was not filed. Subsequently, in the

said crime, a charge-sheet has been filed on 15 April 2023.


9.      By the present Writ Petition filed under Articles 226 and 227

of the Constitution of India, the petitioner is seeking transfer of the

proceedings pending before the Sessions Court at Solapur to the

Sessions Court at Mumbai, to be heard along with Special Case

No.104 of 2015. It is further submitted that charge has not been

framed in Special Case No.81 of 2023 pending before the Sessions

Court at Solapur. The petitioner is seeking transfer of the

proceedings under the provisions of Section 447 of the BNSS,

2023.


10.     We have heard the learned counsel for both the sides and we

have also gone through the judgment of the Supreme Court passed


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on 16 September 2021 in Writ Petition (Criminal) No.245 of 2021,

wherein seven proceedings were transferred to Mumbai to be

heard along with Special Case No.108 of 2015.


11.   We are convinced that even Special Case No.81 of 2023

pending before the Sessions Court at Solapur needs to be

transferred to the Sessions Court at Mumbai.


12.   In view of the same, the present Writ Petition stands allowed

in terms of prayer clause (a).




(ABHAY J. MANTRI, J.)                          (RAJESH S. PATIL, J.)




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