Crl.M.C Nos. 6523, 6540, 6545 & 6546 of 2019 (E)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941** ## **Crl.MC.No.6523 OF 2019(E)** **AGAINST THE ORDER/JUDGMENT IN CP 74/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NADAPURAM** **CRIME NO.244/2016 OF Nadapuram Police Station , Kozhikode** ## **PETITIONER/ACCUSED PERSONS 1,2 AND 7:** |**1**|**NABEEL,**| |---|---| ||**AGED 26 YEARS**| ||**S/O. KUNHABDULLA, RESIDING AT CHUDAYIL HOUSE, THOONERI AMSOM,**| ||**DESOM, NADAPURAM, KOZHIKODE DISTRICT, PIN - 679 323.**| |**2**|**SAJEER**| ||**AGED 29 YEARS**| ||**S/O. ABOOBACKER, RESIDING AT MANDOLADIL HOUSE, THOONERI AMSOM,**| ||**DESOM, NADAPURAM, KOZHIKODE DISTRICT, PIN - 679 323.**| |**3**|**SABIR**| ||**AGED 33 YEARS**| ||**S/O. ABOOBACKER, RESIDING AT MANDOLADIL HOUSE, THOONERI AMSOM,**| ||**DESOM, NADAPURAM, KOZHIKODE DISTRICT, PIN - 679 323.**| ||**BY ADVS.**| ||**SRI.J.R.PREM NAVAZ**| ||**SHRI.SUMEEN S.**| |**RESPONDENTS**<br>**:**|| |**1**|**STATE OF KERALA**| ||**REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,**| ||**ERNAKULAM, PIN - 682 018.**| |**2**|**MUHAMMED NISHAD**| ||**S/O. ISMAYIL, RESIDING AT PAROLLATHIL HOUSE, THOONERI AMSOM,**| ||**DESOM P.O., IRIGANNUR, NADAPURAM, KOZHIKODE DISTRICT, PIN - 679**| ||**323.**| |**3**|**MUHAMMED N.K.**| ||**S/O. ISMAYIL, RESIDING AT PAROLLATHIL HOUSE, THOONERI AMSOM,**| ||**DESOM P.O., IRIGANNUR, NADAPURAM, KOZHIKODE DISTRICT, PIN - 679**| ||**323.**| |**4**|**NABEEL**| ||**S/O. ISMAYIL, RESIDING AT PAROLLATHIL HOUSE, THOONERI AMSOM,**| ||**DESOM P.O., IRIGANNUR, NADAPURAM, KOZHIKODE DISTRICT, PIN - 679**| ||**323.**| **R2-4 BY ADV. AJOY VENU** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.11.2019, ALONG WITH Crl.MC.6540/2019(F), Crl.MC.6545/2019(G), Crl.MC.6546/2019(G), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.Nos.6523,6540, 6545 & 6546 OF 2019(E)** **2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941** **Crl.MC.No.6540 OF 2019(F)** **AGAINST THE ORDER/JUDGMENT IN CC 1166/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NADAPURAM** **CRIME NO.244/2016 OF Nadapuram Police Station , Kozhikode** ## **PETITIONER/ACCUSED 5 & 9:** |**1**|**MOHAMMED ALI**| |---|---| ||**AGED 35 YEARS**| ||**S/O.ABDHULLA HAJI, RESIDING AT CHUNDAYIL HOUSE, MUDAVANTHERI,**| ||**THOONERI AMSOM, DESOM, NADAPURAM, KOZHIKODE DISTRICT, PIN-**| ||**679323**| |**2**|**RASHID**| ||**AGED 30 YEARS**| ||**S/O.POKKEN, S/O.ABDHULLA HAJI, RESIDING AT CHUNDAYIL HOUSE,**| ||**MUDAVANTHERI, THOONERI AMSOM, DESOM, NADAPURAM, KOZHIKODE**| ||**DISTRICT, PIN-679323**| ||**BY ADVS.**| ||**SRI.J.R.PREM NAVAZ**| ||**SHRI.SUMEEN S.**| |**RESPONDENTS**<br>**:**|| |**1**|**STATE OF KERALA**| ||**REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,**| ||**ERNAKULAM PIN-682018**| |**2**|**MUHAMMED NISHAD**| ||**AGED 21 YEARS**| ||**S/O.ISMAYIL, RESIDING AT PAROLLATHIL HOUSE, MUDAVANTHAN AMSOM,**| ||**DESOM.P.O. IRINGANNUR, NADAPURAM, KOZHIKODE DISTRICT, PIN-**| ||**679323**| |**3**|**MUHAMMED.N.K**| ||**AGED 19 YEARS**| ||**S/O.ISMAYIL, RESIDING AT NELLIYULLATHIL HOUSE, IRIGANNUR AMSOM**| ||**DESOM.P.O, IRINGANNUR NADAPURAM TALUK, KOZHIKODE DISTRICT,**| ||**PIN-679323.**| |**4**|**NABEEL**| ||**AGED 22 YEARS**| ||**S/O.ISMAYIL, RESIDING AT PAROLLATHIL HOUSE, MUDAVANTHARA**| ||**AMSOM, DESOM.P.O IRIGANNUR, NADAPURAM, KOZHIKODE DISTRICT,**| ||**PIN-679323**| ||**R2-4 BY ADV. AJOY VENU**| **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.11.2019, ALONG WITH Crl.MC.6523/2019(E), Crl.MC.6545/2019(G), Crl.MC.6546/2019(G), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.Nos.6523,6540, 6545 & 6546 OF 2019(E)** **3** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941** ## **Crl.MC.No.6545 OF 2019(G)** **AGAINST THE ORDER/JUDGMENT IN CC 440/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NADAPURAM** **CRIME NO.244/2016 OF Nadapuram Police Station , Kozhikode** ## **PETITIONERS/ACCUSED PERSONS 3 & 6:** **1 SHUHAIB AGED 36 YEARS S/O.MOIDEEN, RESIDING AT PANADA THAZHE HOUSE, MUDAVANTHERI, THOONERI AMSOM, NADAPURAM, KOZHIKODE DISTRICT, PIN-679323 2 NISAR AGED 27 YEARS S/O.POKKER, RESIDING AT NOTTAYIL HOUSE, MUDAVANTHERI, THOONERI AMSOM, DESOM, NADAPURAM, KOZHIKODE DISTRICT, PIN-679323 BY ADVS. SRI.J.R.PREM NAVAZ SHRI.SUMEEN S.** ## **RESPONDENTS/STATE & DEFACTO COMPLAINANT :** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,**| ||**ERNAKUALAM, PIN-682031**| |**2**|**MUHAMMED NISHAD**| ||**AGED 21 YEARS**| ||**S/O.ISMAYIL, RESIDING AT PAROLLATHIL HOUSE, MUDEVANKARA AMSOM,**| ||**DESOM.P.O. IRINGANNUR, NADAPURAM, KOZHIKODE DISTRICT, PIN-**| ||**679323**| |**3**|**MUHAMMED N.K**| ||**AGED 19 YEARS**| ||**S/O.ISMAYIL, RESIDING AT NELLIYULLATHIL HOUSE, IRIGANNUR AMSOM**| ||**DESOM.P.O. IRINGANNUR, VATAKARA TALUK, KOZHIKODE DISTRICT,**| ||**PIN-679323**| |**4**|**NABEEL**| ||**AGED 22 YEARS**| ||**S/O.ISMAYIL, RESIDING AT PAROLLATHIL HOUSE, MUDAVANTHARA**| ||**AMSOM, DESOM.P.O IRIGANNUR, NADAPURAM, KOZHIKODE DISTRICT,**| ||**PIN-679323**| **R2-4 BY ADV. AJOY VENU** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.11.2019, ALONG WITH Crl.MC.6523/2019(E), Crl.MC.6540/2019(F), Crl.MC.6546/2019(G), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.Nos.6523,6540, 6545 & 6546 OF 2019(E)** **4** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941** **Crl.MC.No.6546 OF 2019(G)** **AGAINST THE ORDER/JUDGMENT IN CC 1087/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NADAPURAM** **CRIME NO.244/2016 OF Nadapuram Police Station , Kozhikode** ## **PETITIONER/ACCUSED 4,8, 10 & 11:** |**1**|**FAHAD,**| |---|---| ||**AGED 22 YEARS**| ||**S/O.KUNHBDHULLA HAJI, RESIDING AT CHUNDAYIL HOUSE,**| ||**MUDAVANTHERI, THOONRI AMSOM, DESOM, NADAPURAM, KOZHIKODE**| ||**DISTRICT, PIN-679323**| |**2**|**SUBAIR,**| ||**AGED 32 YEARS**| ||**S/O.POKKER, RESIDING AT MADATHIL HOUSE, IRINGANNUR, THOONERI**| ||**AMSOM, DESOM, NADAPURAM, KOZHIKODE DISTRICT, PIN-679323**| |**3**|**ANWAR,**| ||**AGED 30 YEARS**| ||**S/O.MOIDHU, PANADA THAZHEKKUNI HOUSE, MUDAVANTHERI, THOONERI**| ||**AMSOM, DESOM, NADAPURAM, KOZHIKODE DISTRICT, PIN-679323**| |**4**|**BASHEER**| ||**AGED 38 YEARS**| ||**S/O.ABDULLA, RESIDING AT OLAKKANTE MEETHAL HOUSE,**| ||**MUDAVANTHERI, THOONERI AMSOM, DESOM, NADAPURAM, KOZHIKODE**| ||**DISTRICT, PIN-679323**| ||**BY ADVS.**| ||**SRI.J.R.PREM NAVAZ**| ||**SHRI.SUMEEN S.**| |**RESPONDENTS/STATE & DEFACTO COMPLAINANT**<br>**:**|| |**1**|**STATE OF KERALA,**| ||**REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,**| ||**ERNAKULAM PIN-682018**| |**2**|**MUHAMMED NISHAD,**| ||**AGED 21 YEARS**| ||**S/O.ISMAYIL, RESIDING AT PAROLLATHIL HOUSE, THOONERI AMSOM,**| ||**DESOM.P.O.IRINGANNUR, NADAPURAM, KOZHIKODE DISTRICT, PIN-**| ||**679323**| |**3**|**MUHAMMED N.K.,**| ||**AGED 19 YEARS**| ||**S/O.ISMAYIL, RESIDING AT NELLIYULLATHIL HOUSE, IRIGANNUR AMSOM**| ||**DESOM.P.O.IRINGANNUR, VATAKARA TALUK, KOZHIKODE DISTRICT, PIN-**| ||**679323.**| |**4**|**NABEEL,**| **Crl.MC.Nos.6523,6540, 6545 & 6546 OF 2019(E)** **5** ## **AGED 22 YEARS** **S/O.ISMAYIL, RESIDING AT PAROLLATHIL HOUSE, THOONERI AMSOM, DESOM.P.O, IRIGANNUR, NADAPURAM, KOZHIKODE DISTRICT, PIN679323** **R2-4 BY ADV. AJOY VENU** ## **OTHER PRESENT:** **SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.11.2019, ALONG WITH Crl.MC.6523/2019(E), Crl.MC.6540/2019(F), Crl.MC.6545/2019(G), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.Nos.6523,6540, 6545 & 6546 OF 2019(E)** **6** **ALEXANDER THOMAS, J. ----------------------------------------Crl.M.C. Nos. 6523, 6540, 6545 & 6546 of 2019 ----------------------------------------Dated this the 6[th] day of November, 2019** ## **O R D E R** The aforecaptioned CrlM.C.No.6546/2019 arises out of the abovesaid C.C.No.1087/2017, Crl.M.C.No.6540/2019 arises out of C.C.No.1166/2017 (which has now given rise to LPC No.84/2019), Crl.M.C.No. 6545/2019 arises out of C.C.No.440/2018 and Crl.M.C. No.6523/2019 arises out of the abovesaid C.P.No.74/2018, which will now be numbered as calendar case. There are 4 petitioners in Crl.M.C.No. 6546/2019 (original accused Nos.4, 8, 10 and 11), there are 2 petitioners in Crl.M.C. No.6540/2019 (original accused Nos. 5 and 9), there are 3 petitioners in Crl.M.C.No. 6545/2019 (original accused Nos. 3 and 6) and Crl.M.C.No.6523/2019 (original accused Nos.1, 2 and 7). 2. The aforecaptioned four Criminal Miscellaneous cases arise out of Crime No.244/2016 of Nadapuram Police Station, wherein originally 12 persons have been arrayed as accused therein for the offences punishable under Secs. 143, 147, 148, 341, 323, 324, 506 (ii) r/w 149 of the IPC. The Police after investigation has filed final report/charge sheet as per Annexure-A1 wherein 1 among the 12 persons have been deleted from the accused array and altogether the remaining persons have been arrayed as **Crl.MC.Nos.6523,6540, 6545 & 6546 OF 2019(E)** **7** accused therein. Altogether there are 11 petitioners in these 4 Crl.M.Cs and these 11 petitioners are the abovesaid 11 accused persons in the impugned criminal proceedings. It appears that quite a few factual twists and complications in the subsequent initiation of calendar cases as the cases were split up on different occasions. Since the pleadings in the above Crl.M.Cs were lacking in several details in that regard, this Court had directed the trial court concerned (Judicial First Class Magistrate Court-I, Nadapuram) to furnish the details and the said court has given a detailed report dated 02.11.2019 to the Registry of this Court. The said report disclosed that the brief of the prosecution case is that on 25.03.2014 at about 9.45 p.m., the accused persons in prosecution of their common object formed themselves into an unlawful assembly armed with the deadly weapons and had wrongfully restrained Muhammad Nishad (CW1), Muhammad (CW2) and Nabeel (CW3), who have been arrayed as contesting respondents in this petition. The details of the original rank of the 11 accused persons are as follows : |Rank of the accused|Name andparticulars of the accused| |---|---| |1|Nabeen, S/o. Kunhabdulla, aged 24/2016,<br>Crescent House,Mudavantheri.| |2|Sajir, S/o Aboobacker, aged 24/2016, Panadath<br>Thazhekuniyil House,Mudavantheri.| |3|Suneb, S/o Moideen, aged 33/2016, Panadath<br>Thazhekuniyil House,Mudavantheri.| |4|Fahad, S/o Kunhabdulla, aged 19/2016,<br>Crescent House,Mudavantheri.| |5|Muhammadali,S/o Abdulla,aged31/2016,| **Crl.MC.Nos.6523,6540, 6545 & 6546 OF 2019(E)** **8** ||Choondayil House,Mudavantheri.| |---|---| |6|Nissar, S/o Pocker, aged 24/2016,<br>Nottayil House,Mudavantheri| |7|Sabir, S/o Aboobacker, aged 32/2016,<br>Nallamkoor House,Mudavantheri.| |8|Subair, S/o Aboobacker, aged 29/2016,<br>Madathil House,Mudavantheri| |9|Rashid, S/o Abdulla, aged 28/2016,<br>Choondayil House,Mudavantheri.| |10|Anwar, S/o Moidu, aged 28/2016, Panaada<br>House,Mudavantheri.| |11|Basheer, S/o Abdulla Haji, aged 38/2016,<br>Ulakkantemeethal House,Mudavantheri.| 3. A1 and A2 had beat CW1 with their hands and hit on his head. A3 to A9 had beat CW3 (Nabeel) with their hands and threatened that they would kill him. A5 had beaten Muhammad Nishad (CW1) on his left hand with an iron rod. A1 and A4 had detained Muhammad Nishad (CW1) in order to enable others to attack him. It is thus alleged by the prosecution that the accused persons had committed the abovesaid offences. Further, it is seen that on receipt of the final report/charge sheet in this case, the learned Magistrate had taken up the case on file as committal proceedings C.P. No.48/2017 as one among the victims namely CW2 (Muhammad) was a minor at the time of the alleged incident and on this ground, the trial court had initiated the said committal proceedings. 4. Heard Sri.J.R.Prem Navaz, learned counsel appearing for the petitioners in these 4 cases, Sri. Saigi Jacob Palatty, learned Prosecutor **Crl.MC.Nos.6523,6540, 6545 & 6546 OF 2019(E)** **9** appearing for the respondent – State of Kerala and Sri.Ajay Venu, learned Advocate appearing for the contesting respondents in these 4 cases. 5. Based on the pleadings and materials on record, the contents of the abovesaid report dated 02.11.2019 made by the learned Magistrate as well as the submissions made by the learned counsel appearing for the petitioners and the learned Public Prosecutor, it appears that after a series of splitting up of cases, now there are four matters arisen out of abovesaid final report/charge sheet filed in the abovesaid Crime No. 244/2016 of Nadapuram Police Station and the said four cases are (1) C.C.No.1087/2017 (2) C.C.No.1166/2017, which has led to LPC No.84/2019 (3) C.C. No. 440/2018 and (4) C.P.No. 74/2018. It is stated in the report that based on the directives issued by this Court in the case in _**Thresiamma Varkey v. State of Kerala [2017 (3) KHC 656]**_ that after committal process in the above C.P., the Sessions court has returned the case files to the learned Magistrate very recently and the learned Magistrate has given a direction to number the case as a calendar case. But that the calendar case number has not been assigned as on the date of the abovesaid report. 6. It is now stated by the learned Advocate appearing for the petitioners and the learned counsel appearing for the contesting respondents that the entire disputes between the defacto complainants and the accused persons have now been resolved harmoniously and that the contesting respondents/defacto complainants do not have nay whatsoever to **Crl.MC.Nos.6523,6540, 6545 & 6546 OF 2019(E)** **10** continue the impugned criminal proceedings and they do not have any objection in the quashment of the impugned criminal proceedings on the ground of settlement between the parties. The substantive offences alleged in this cases are mainly offences like 341, 323, 324 and 506 (ii) of the IPC, apart from the allegation of formation of unlawful assembly and the incorporation of the relevant portions in the IPC regarding those aspects. It appears that in view of the nature of the allegations disclosed in this case and as parties have mutually resolved the issues, the prosecution agency also does not appear to have much serious objection to the prayer sought for in this criminal proceedings. 7. In a catena of decisions, the Apex Court has held that, in appropriate cases involving even non-compoundable offences, the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of these cases, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in _**Gian Singh** v._ _**State of Punjab**_ reported in 2013 (1) SCC **Crl.MC.Nos.6523,6540, 6545 & 6546 OF 2019(E)** **11** (Cri) 160 = (2012) 10 SCC 303 and _**Narinder Singh and others v. State of Punjab and anr**_ . reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment. 8. Accordingly, it is ordered that the entire impugned criminal proceedings which have arisen out of final report/charge sheet filed by the Police in the impugned Crime No. 244/2016 of Nadapuram Police Station, which has led to the pnedency of the aforementioned various impugned criminal proceedings like C.P.No.74/2018 (including the subsequently renumbered calendar case which have arisen out of the said case consequent to returning back of record by the Sessions Court to the learned Magistrate) C.C.No.440/2018, L.P.C. No. 84/2019 (arising out of C.C.No.116/2017), C.C.No.1087/2017 initiated as against all the accused persons therein and all further proceedings arising therefrom as against all the accused persons will stand quashed. The petitioners will produce the certified copies of this order before the investigating officer concerned as well as Judicial First Class Magistrate-I, Nadapuram for necessary information. The Office of Advocate General will forward copy of this order to the Investigating Officer concerned, for necessary information. With these observations and directions, the above Crl.M.C.s will stand disposed of. Sd/- **ALEXANDER THOMAS, JUDGE** **SKS** **Crl.MC.Nos.6523,6540, 6545 & 6546 OF 2019(E)** **12** ## **APPENDIX OF Crl.MC 6523/2019** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO:244/2016, OF NADAPURAM POLICE STATION, KOZHIKODE DISTRICT.** **ANNEXURE A2 THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE SECOND RESPONDENT/DEFACTO COMPLAINANT. ANNEXURE A3 THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE 3RD RESPONDENT/INJURED. ANNEXURE A4 THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE 4TH RESPONDENT/INJURED.** **Crl.MC.Nos.6523,6540, 6545 & 6546 OF 2019(E)** **13** ## **APPENDIX OF Crl.MC 6540/2019** ## **PETITIONER'S/S EXHIBITS:** |**ANNEXURE A1**|**THE CERTIFIED COPY OF THE FINAL**| |---|---| ||**REPORT/CHARGE SHEET IN CRIME NO.244/2016,**| ||**OF NADAPURAM POLICE STATION, KOZHIKODE**| ||**DISTRICT**| |**ANNEXURE A2**|**THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE**| ||**SECOND RESPONDENT/DEFACTO COMPLAINANT**| |**ANNEXURE A3**|**THE AFFIDAVIT SOLEMENLY AFFIRMED BY THE 3RD**| ||**RESPONDENT/INJURED.**| |**ANNEXURE A4**|**THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE 4TH**| ||**RESPONDENT/INJURED**| **Crl.MC.Nos.6523,6540, 6545 & 6546 OF 2019(E)** **14** ## **APPENDIX OF Crl.MC 6545/2019** |**PETITIONER'S/S**|**EXHIBITS:**| |---|---| |**ANNEXURE A1**|**THE CERTIFIED COPY OF THE FINAL**| ||**REPORT/CHARGE SHEET IN CRIME NO.244/2016,**| ||**OF NADAPURAM POLICE STATION, KOZHIKODE**| ||**DISTRICT**| |**ANNEXURE A2**|**THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE**| ||**SECOND RESPONDENT/DEFACTO COMPLAINANT**| |**ANNEXURE A3**|**THE AFFIDAVIT SOLEMENLY AFFIRMED BY THE 3RD**| ||**RESPONDENT/INJURED.**| |**ANNEXURE A4**|**THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE 4TH**| ||**RESPONDENT/INJURED**| **Crl.MC.Nos.6523,6540, 6545 & 6546 OF 2019(E)** **15** ## **APPENDIX OF Crl.MC 6546/2019** |**PETITIONER'S/S**|**EXHIBITS:**| |---|---| |**ANNEXURE A1**|**THE CERTIFIED COPY OF THE FINAL**| ||**REPORT/CHARGE SHEET IN CRIME NO.244/2016,**| ||**OF NADAPURAM POLICE STATION, KOZHIKODE**| ||**DISTRICT**| |**ANNEXURE A2**|**THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE**| ||**SECOND RESPONDENT/DEFACTO COMPLAINANT**| |**ANNEXURE A3**|**THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE 3RD**| ||**RESPONDENT/INJURED**| |**ANNEXURE A4**|**THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE 4TH**| ||**RESPONDENT/INJURED**|