( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1082 OF 2009 Sunil s/o. Dharmapal Badade and ors. .. Petitioners Versus The State of Maharashtra .. Respondent Mrs. Anjali Bajpai Dube, Advocate for the petitioners. Shri K.M. Suryawanshi, A.P.P. for the respondent. CORAM : P.R. BORKAR,J. DATED : 05.01.2010 P.C. :- 1. Heard Adv. Mrs. Anjali Bajpai Dube for the petitioners. 2. Rule. Rule made returnable forthwith. With the consent of learned counsel appearing for the parties, this petition is heard finally at the stage of admission. 3. This writ petition is filed by the original accused persons who were facing prosecution in R.C.C. No. 582 of 1994 ( 2 ) before the Chief Judicial Magistrate, Latur, for convicting of various offences punishable under the Drugs and Cosmetic Act, 1940. The grievance of the present petitioners is that even though the alleged examination-in-chief of the complainant was not signed by the predecessor of the present Chief Judicial Magistrate, the learned Chief Judicial Magistrate wants to treat the same as the examination-in- chief and has called upon the advocate for the petitioners to cross-examine the complainant. 4. The learned advocate for the petitioner drew my attention to Section 275 (4) of the Cr.P.C., which states that the evidence taken down has to be signed by the Magistrate and then shall form part of the record. 5. The learned A.P.P. Shri K.M. Suryawanshi has waived notice for respondent and states that the provision is clear. 6. In the facts and circumstances, the writ petition is allowed. The Chief Judicial Magistrate, Latur, is directed either to record examination-in-chief of the complainant once again in R.C.C. No. 582 of 1994 or to call ( 3 ) upon the complainant, administer him oath and then verify from him whether he wants to adopt the earlier alleged examination-in-chief as his examination-in-chief and then record so and thereafter treat the same as his examination- in-chief and proceed with the matter according to law. 7. Rule made absolute accordingly and the writ petition is disposed of. [P.R. BORKAR,J.] snk/2010/JAN10/crwp1082.09