Sau. Sarita Sharad Saraf and 2 Others Vs Karthik Mahadeorao Chauhan — Bombay HC (2025) — LawSathi Research

Sau. Sarita Sharad Saraf and 2 Others Vs Karthik Mahadeorao Chauhan — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Order dated 17/09/2025 recalled; Registry of this Court and Principal District and Sessions Court, Wardha directed to re-transfer both Criminal Appeals to the High Court within two weeks, whereafter the Registry to place the appeals before this Court.

Issue for consideration

Whether the order dated 17/09/2025 transferring Criminal Appeal Nos. 212/2014 and 213/2014 to the District and Sessions Court, Wardha was passed inadvertently and wrongly and ought to be recalled. +1 more

Court's answer

Both Criminal Appeal Nos. 212/2014 and 213/2014 were inadvertently and wrongly transferred to the District and Sessions Court, Wardha.

Ratio / Principle

As the appeals challenge an acquittal recorded by the Sessions Court (the Judicial Magistrate, First Class, Wardha having convicted the accused), the appeals lie before the High Court.

Key takeaways

The order dated 17/09/2025 is recalled.ratio¶¶20
The Registry of this Court and the Principal District and Sessions Court, Wardha are directed to re-transfer both appeals to the High Court within two weeks, whereafter the Registry is to place both appeals before this Court.ratio¶¶20

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (M.M. Nerlikar, J.), order dated 11.11.2025 in Criminal Appeal Nos. 212/2014 (Sau. Sarita Sharad Saraf and Others v. Karthik Mahadeorao Chauhan) and 213/2014 (Sharad Radheshyam Saraf v. Karthik Mahadeorao Chauhan): Acting on a letter dated 01/11/2025 from the District Judge–1 and Additional Sessions Judge, Wardha, the Court held that both appeals had been inadvertently and wrongly transferred to the District and Sessions Court, Wardha by order dated 17/09/2025, because the appeals challenge an acquittal passed by the Sessions Court (the Judicial Magistrate, First Class, Wardha having convicted the accused) and therefore lie before the High Court. The transfer order was recalled, and the Registry and the Principal District and Sessions Court, Wardha were directed to re-transfer both appeals to the High Court within two weeks, whereafter the Registry was to place them before the Court.

1 15-Cr.APPEAL-212-213-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

CRIMINAL APPEAL NO. 212 OF 2014

Sau. Sarita Sharad Saraf and Others

-- VERSUS --

Karthik Mahadeorao Chauhan

WITH

CRIMINAL APPEAL NO. 213 OF 2014

Sharad Radheshyam Saraf

-- VERSUS --

Karthik Mahadeorao Chauhan

Office Notes, Office Memoranda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

Mr. S.S.Ghate, Advocate for the Appellant. None for the Respondent.

CORAM : M.M. NERLIKAR, J.

DATE : NOVEMBER 11, 2025.

Letter dated 01/11/2025 was received from the District Judge–1 and Additional Sessions Judge, Wardha. By an order dated 17/09/2025, this Court (Coram: M.M. Nerlikar, J.) had transferred the matters to the District and Sessions Judge, Wardha.

Upon perusal of the letter dated 01/11/2025, it appears that both these appeals (i.e. Criminal Appeal Nos. 212/2014 and 213/2014) were inadvertently and wrongly transferred to the District and Sessions Court, Wardha. The appeals are against an acquittal order passed by the Sessions Court.

2 15-Cr.APPEAL-212-213-2014

Initially, the Judicial Magistrate, First Class, Wardha, convicted the accused, however, the Sessions Court acquitted the accused. Considering this fact, the appeal would lie before the High Court. However, it appears that, inadvertently, the order dated 17/09/2025 was passed as if only the order of acquittal passed by the learned Judicial Magistrate First Class, Wardha, was under challenge. Therefore, both these appeals, (i.e. Criminal Appeal Nos. 212/2014 and 213/2014), were wrongly and inadvertently transferred to the District and Sessions Court, Wardha, for its adjudication.

In this view of the matter, the order dated 17/09/2025 is hereby recalled. The Registry of this Court as well as the Principal District and Sessions Court, Wardha, are directed to re-transfer both the aforesaid Criminal Appeals to the High Court. The said exercise shall be completed within a period of two weeks from today. After receipt of both the appeals, Registry to place both these appeals before this Court.

Piyush Mahajan