C. Y. SOMAYAJULU, J.

( 1 ) PRIVATE complaint filed by the third respondent was referred to police for investigation under Section 156 (3) Cr. P. C. Police, after investigation, filed a charge sheet against the petitioners for various offences. After the prosecution closed its evidence, and when the case was posted for examination of the accused under Section 313 Cr. P. C. , prosecution filed Crl. M. P. No. 8082 of 2002, under Section 311 Cr. P. C. , seeking permission of the Court to examine the husband of the de facto-complainant as additional witness on its behalf. Petitioners opposed the said application. The trial Court by the order impugned in this petition, allowed the said petition. Hence, this petition.

( 2 ) THE main contention of the learned counsel for the petitioners is that since section 161 Cr. P. C. statement of the witness, intended to be examined as additional witness, is not recorded by the police, petitioners, who are the accused, would be put to hardship and inconvenience as they would not be having an opportunity to cross- examine the witness with reference to his earlier statement and since there is not even a whisper by the de facto complainant (P. W. 1) about

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