ORDER

Dated this the 24^th day of October, 2025

The Criminal Miscellaneous Case is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023(‘ BNSS ’, for brevity) challenging Annexure A5 proceeding passed by the Additional Sessions Court - I, Thalassery (hereinafter referred to as ‘Trial Court’) in S.C. No.299/2010, arising out of Crime No.748/2008 registered by the Mattannur Police Station, Kannur, against the accused persons for allegedly committing the offences punishable under Sections 143, 147, 148, 307 and 302 r/w Section 149 of Indian Penal Code(IPC).

2. The prosecution case, in essence, is that on 16.12.2008, at about 20.10 hours, the accused 1 to 8, in prosecution of their common intention, formed an unlawful assembly and attacked the de facto complainant and others with deadly weapons and attempted to murder them.

3. The petitioner contends that the present crime is a counterblast to Crime No.747/2008, in which the same police have charge sheeted the de facto complainant and others for allegedly committing the offence under Section 302 of the IPC, in connection with the murder of one Sajeevan. In the instant case, Annexure A3 report was filed on 13.01.2009, a