ORDER :

N. ANAND VENKATESH, J.

1. This petition has been filed challenging the order passed by the Court below allowing the application filed under Section 311 of Cr.P.C., by the prosecution to examine a witness viz., the Sub-Inspector of Police, Uvari Police Station and to mark a complaint that was given to him by P.W. 1.

2. The petitioners are facing trial before the Court below for an offence under Sections 294 (b), 342, 302 and 506 (ii) IPC., r/w 34 IPC. The prosecution had examined P.W. 1 to P.W. 20 and none of the witnesses were examined by the petitioners. At this stage, the prosecution had filed an application under Section 311 of Cr.P.C., to examine a new witness, not shown as a witness in the final report, in order to mark a complaint given to him by P.W. 1 and this complaint also does not form part of the final report filed by the prosecution.

3. This application was opposed by the petitioners on the ground that P.W. 1 has not spoken about giving any complaint against the accused persons, even in the statement given to the Investigating Officer under Section 161 of Cr.P.C. For the first time, when P.W. 1 was in the witness box, she made a statement to that effect. The prosec