Disposed¶20

Sharad Radheshyam Saraf v. Karthik Mahadeorao Chauhan

Bombay HC17 Sept 2025APEAL/213/2014

Case brief

AI extract

What is this about?

Recall of erroneous transfer order dated 17/09/2025; criminal appeals against acquittal passed by the Sessions Court lie before the High Court; Criminal Appeal Nos. 212 and 213 of 2014; Wardha; initial conviction by Judicial Magistrate First Class followed by acquittal by Sessions Court; directions to Registry and Principal District and Sessions Court, Wardha for re-transfer within two weeks.

What did the court decide?

Order dated 17/09/2025 recalled; Criminal Appeal Nos. 212/2014 and 213/2014 directed to be re-transferred from the District and Sessions Court, Wardha to the High Court within two weeks, and thereafter placed before this Court. ¶20

Sharad Radheshyam Saraf Vs Karthik Mahadeorao Chauhan — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether Criminal Appeal Nos. 212/2014 and 213/2014, being appeals against an acquittal order passed by the Sessions Court, lie before the High Court rather than the District and Sessions Court, Wardha. +1 more

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Court's answer

Both appeals were against an acquittal order passed by the Sessions Court; since the accused had been initially convicted by the Judicial Magistrate, First Class, Wardha, the appeal would lie before the High Court.

¶19

Ratio / Principle

Both Criminal Appeal Nos. 212/2014 and 213/2014 were inadvertently and wrongly transferred to the District and Sessions Court, Wardha; the transfer order dated 17/09/2025 proceeded as if only the acquittal of the Judicial Magistrate First Class, Wardha, was under challenge.

¶17

Key takeaways

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

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (M.M. Nerlikar, J.; 11.11.2025): Acting on a letter dated 01/11/2025 from the District Judge–1 and Additional Sessions Judge, Wardha, the Court found that Criminal Appeal Nos. 212/2014 and 213/2014 (Sau. Sarita Sharad Saraf and Others, and Sharad Radheshyam Saraf v. Karthik Mahadeorao Chauhan) had been inadvertently and wrongly transferred to the District and Sessions Court, Wardha by order dated 17/09/2025. The appeals challenge an acquittal ordered by the Sessions Court, following an initial conviction by the Judicial Magistrate First Class, Wardha, and therefore lie before the High Court; the transfer order had mistakenly proceeded as if only a JMFC acquittal was under challenge. The Court recalled the transfer order, directed re-transfer of both appeals to the High Court within two weeks, and called for them to be placed before it thereafter.

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

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

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CRIMINAL APPEAL NO. 212 OF 2014

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Sau. Sarita Sharad Saraf and Others

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-- VERSUS --

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Karthik Mahadeorao Chauhan

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WITH

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CRIMINAL APPEAL NO. 213 OF 2014

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Sharad Radheshyam Saraf

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-- VERSUS --

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Karthik Mahadeorao Chauhan

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

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

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CORAM : M.M. NERLIKAR, J.

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DATE : NOVEMBER 11, 2025.

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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.

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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.

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

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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.

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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.

¶21

Piyush Mahajan

Sharad Radheshyam Saraf v. Karthik Mahadeorao Chauhan

Case brief

What is this about?

What did the court decide?

Sharad Radheshyam Saraf v. Karthik Mahadeorao Chauhan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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