Petitioners challenge an order issued under section 311 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) permitting persons who were never questioned by the Investigating Officer, to be examined as additional witnesses in a murder trial.

2. Petitioners are some of the accused in S.C. No.935/2017 on the files of the Additional Sessions Court–VII, Thiruvananthapuram, which arose out of Crime No.68/2012 of Ayiroor Police Station. As per the prosecution allegations, the accused had, on 24.07.2012, in furtherance of their common object armed with dangerous weapons, stabbed Sri. Rijesh, who later succumbed to his injuries, thereby committing the offences, including section 302 of the Indian Penal Code, 1860 (for short ‘IPC’). A counter case was also registered against the deceased and other persons alleging offences, including section 308 IPC, as Crime No.81/2012. After completing the investigation into both crimes, final reports were filed.

Petitioners are facing prosecution in S.C. No.935/2017 on the files of the Additional Sessions Court–VII, Thiruvananthapuram, and the counter case is being prosecuted as S.C. No.24/2017 before the same court. 3. While so, when S.C. N