bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRI. CRI. CRI. APPLICATION NO. 879 OF 2008 APPLICATION NO. 879 OF 2008 APPLICATION NO. 879 OF 2008 Rajesh K. Khanna ... Applicant v/s M/s.Motorol (India) Ltd. & ors. ... Respondents Mr.M.S.Mohite for the applicant. Smt.A.A.Mane, A.P.P. for the respondent No.1 State. Mr.S.V.Marwadi for respondent Nos.2 and 3. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 16TH JUNE, 2008 16TH JUNE, 2008 16TH JUNE, 2008 P.C. P.C. P.C.: 1. The application challenges the order dated 27.2.2008 passed by the learned Metropolitan Magistrate refusing the application filed by the accused for leading evidence in the two cases being C.C.No.312/S/1999 and C.C.No.313/S/1999 as common evidence. The complainant i.e. the applicant herein opposed the application before the learned Magistrate. However, today the learned advocate for the complainant states that the complainant is willing to have common evidence led in the matter. 2. After hearing the matter for some time, the learned 2 advocate submits that he be given an liberty to withdraw the present criminal application and file an application before the learned Magistrate for hearing evidence together since the cross-examination of one of the witness is already over. 3. Petition allowed to be withdrawn with liberty as prayed for. 4. Writ petition stands dismissed as withdrawn. 5. The learned Magistrate to decide the application in accordance with law.