1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRI. APPLICATION NO. 2935 OF 2008 Sau. Jyoti w/o Namdeo Pal Vs. State of Maharashtra and others ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Mr. G.G. Bade, Advocate for applicant. Mr. S.V. Shirpurkar, Advocate for non-applicants 3 & 4. Mr. D.B. Yengal, A.G.P. for non-applicant Nos.1 & 2. CORAM:- R. Y. GANOO, J. DATED :- 31st TH JULY, 2009. 1. The petitioner herein filed F.I.R. against the respondent Nos. 3 and 4 in regard to an incident committed on 25th August, 1994 with Warora Police Station. The concerned Police Station conducted investigation and filed report “C Summary” in the concerned Court of learned Judicial Magistrate First Class. The said report came to be accepted by the learned Judicial Magistrate First Class, Warora and the said matter was closed. This has happened in the year 1994. Thereafter for the first time i.e. in the year 2008 this petition is filed by the petitioner so as to reopen the matter. This Court is informed that the respondent Nos. 3 and 4 had instituted a suit for damages against the petitioner alleging that the said prosecution was malacious. According to the petitioner, the said suit came to be decreed in the year 1999 and in the course of the decision of the said suit petitioner came to know about the said report filed under Section 169 and 2 subsequent developments therein. 2. After having heard learned Advocates of both sides and looking to the delay in the matter and as also the fact that the suit filed by the respondents has been decreed in their favour, I am inclined to observe this is not a case to interfere in its extra ordinary jurisdiction under Article 227 of the Constitution of India. 3. The stand taken by the petitioner that she came to know about the filing of the report under Section 169 belatedly cannot be accepted. The petition suffers from delay, even otherwise no case on merits is made out. Hence the petition is required to be dismissed at the stage of admission. Hence the order. The petition is dismissed at the stage of admission. JUDGE pma.