1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 32 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 28.01.2010 1. Heard Adv. Shri P.K. Palve for the petitioner. This writ petition is filed being aggrieved by the rejection of application Exh.25 on 19.09.2009, filed in R.C.C. No. 899 of 2006 by the 14th Jt. J.M.F.C., Aurangabad. The application was for addition of 13 more accused persons. 2. However, it is clear that the evidence of even complainant/petitioner is incomplete in as much as his cross- examination is not complete. It is also admitted position that other eye- witnesses, are not examined. So, in that way there was no evidence before the Magistrate within the meaning of section 319 of Cr.P.C. 2 3. In view of these circumstances Adv. Shri Palve seeks leave to withdraw this writ petition with liberty to file similar application before the Magistrate, after evidence of the complainant and eye-witnesses, if any, is recorded. So, this writ petition is disposed of as withdrawn with aforesaid liberty. [P.R. BORKAR,J.] snk/2010/JAN10/crwp32.10