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. : 1. Heard. 2. This petition has been filed on behalf of the National Stock 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. 3. On 16.06.2003, this court had issued Rule in the matter. 2 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. 4. Hence, the petition is dismissed. Rule is discharged. (J.N. Patel,J.) (A.A. Sayed,J.) .....