O R D E R

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (` BNSS ’ for short) by the accused in Crime No.248/2024 seeking the following reliefs:

“(i) Call for the records in SC No.273/2024 on the files of the 5^th Additional District & Sessions Court (Idamalayar), Ernakulam, arising out of Crime No.49/2020 of Kannamaly Police Station, Ernakulam District and quash all the proceedings against the petitioner.

(ii) grant such other reliefs as this Hon’ble Court may deem fit and proper as on the facts and circumstances of the case.”

2. The petitioner is the 6^th accused in the above case, where he alleged to have committed offences punishable under Sections 447 , 323, 341, 324, 325, 326, 307 read with 34 of Indian Penal Code (` IPC ' for short). It is submitted by the learned counsel for the petitioner that at the time of registering FIR, the petitioner was not arrayed as an accused. Originally accused Nos.1 to 5 were alleged to have committed the above offences after forming into unlawful assembly with knowledge that they are all members of the assembly at 5.45 p.m on 22.02.2020 in front of the house of the defacto compla