Sharad Radheshyam Saraf Vs Karthik Mahadeorao Chauhan — Bombay HC (2026) — LawSathi Research

Sharad Radheshyam Saraf Vs Karthik Mahadeorao Chauhan — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Order dated 17/09/2025 recalled; Registry of the High Court and the Principal District and Sessions Court, Wardha directed to re-transfer Criminal Appeal Nos. 212 and 213 of 2014 to the High Court within two weeks, and the Registry to place the appeals before the Court on receipt.

Issue for consideration

Whether Criminal Appeal Nos. 212 and 213 of 2014, being appeals against an acquittal passed by the Sessions Court, were wrongly and inadvertently transferred to the District and Sessions Court, Wardha, by the order dated 17/09/2025, and whether that transfer order ought to be recalled.

Court's answer

Since the accused was initially convicted by the Judicial Magistrate, First Class, Wardha and thereafter acquitted by the Sessions Court, the appeals against the acquittal lie before the High Court.

Ratio / Principle

The order dated 17/09/2025 transferring the appeals to the District and Sessions Court, Wardha, was passed inadvertently and wrongly, and is recalled.

Key takeaways

The Registry of this Court and the Principal District and Sessions Court, Wardha, are directed to re-transfer both Criminal Appeals to the High Court, completing the exercise within two weeks, after which the Registry is to place the appeals before the Court.ratio¶20

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (M.M. Nerlikar, J.), by order dated November 11, 2025, recalled its earlier order dated 17/09/2025 whereby Criminal Appeal Nos. 212 and 213 of 2014 (Sau. Sarita Sharad Saraf and Others v. Karthik Mahadeorao Chauhan; Sharad Radheshyam Saraf v. Karthik Mahadeorao Chauhan) had been transferred to the District and Sessions Court, Wardha. Acting on a letter dated 01/11/2025 from the District Judge-1 and Additional Sessions Judge, Wardha, the Court held that since the accused was first convicted by the Judicial Magistrate, First Class, Wardha and subsequently acquitted by the Sessions Court, the appeals against that acquittal lie before the High Court, and the transfer was inadvertent and wrong. The Registry and the Principal District and Sessions Court, Wardha were directed to re-transfer both appeals to the High Court within two weeks.

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