Petitioners sought quashing of criminal proceedings. The dismissed petition was restored but deemed not prosecuted. The Court advised approaching the appropriate forum and dismissed the petition.
Petition dismissed; Rule discharged. Petitioner advised to approach appropriate lower or High Court of Kolkata.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 697 OF 2003
National Stock Exchange of India Ltd., & Ors. .. Petitioners. V/s. Sri Surendra Kumar Jain & Ors. .. Respondents.
Ms. Pranita Mhatre Dhane i/by M/s. Shaunak Satpute & Co. for the Petitioners.
Mr. A.D. Kango for the Respondent No.1.
CORAM : J. N. PATEL AND A. A. SAYED, JJ.
DATED : 05TH DECEMBER, 2009
P.C. :
Exchange in respect of criminal complaint no. C/254/2003 pending before the learned Chief Metropolitan Magistrate, Calcutta wherein the relief sought is to issue a writ of certiorari or a writ, order or direction, preventing the learned Chief Metropolitan Magistrate, Kolkatta from proceeding in the said complaint being C.C. No. C/254/2003.
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Thereafter, on 5th of December, 2003 the petition was dismissed and therefore, the application was filed to seek restoration of the petition. On 12th September, 2006 it again came up before the court and the matter was adjourned. But since then the matter has not been prosecuted. However, we find that it will be proper for the petitioner to approach the court of the Chief Metropolitan Magistrate at Kolkatta and file proper application in the matter or he may also approach the High Court of Kolkatta and seek appropriate relief.
National Stock Exchange of India Ltd. & Ors.
Sri Surendra Kumar Jain & Ors.
PATEL J
SAYED J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
