Case is sessions trailable. Now at committal court and committal is pending due to 190(1)(b) criminal miscellaneous petition pending. it is filed for taking cognizance of charge which exists in 161(3) statements but left out in final investigation report (173(2).
Prior to approach the court the applicant approached superior police officers with a grievance about lapses in investigation. And the police took a statement from a witness WHICH IS TOTALLY CONTRADICTORY (unmatched version) to that of 161(3) statement already placed with the charge sheet in Court.
Now during the proceedings of Crlmp of sec 190(1)(b) crpc , can the applicant file CRPC 311 application to summon the witness and examine his 161(3) statement by magistrate to ascertain the facts (by submitting certified copy of his contradictory statement before superior police officer and the original 161(3) statement copy along with 311 application)