The court mandated inclusion of relevant legal provisions in ongoing investigations involving violence against health care service personnel to ensure proper application of the law.

JUDGMENT

Dated this the 3rd day of November, 2022 The petitioners are the victims of crime No.691/2022 of Medical College Police Station, Kozhikode. The petitioners were the Security Personnel of Government Medical College, Kozhikode, who was brutally attacked by respondents 5 to 11. The crime was registered based on the information submitted by the petitioners in this regard. The petitioners have approached this Court by filing this writ petition contending that the investigation that is being conducted in the aforesaid crime by the 3rd respondent is not proper and effective. Therefore, the petitioners seek the following reliefs:

“(i) To issue a writ of mandamus or any other appropriate writ, order, or direction directing the 2nd respondent to change the investigating officer who is presently investigating Ext.P1 FIR.

(ii) To issue a writ of mandamus or any other appropriate writ, order, or direction directing the 1st respondent to pass appropriate orders to handover the investigation of Ext.P1 crime to the 4th respondent or a team

constituted by the 4th respondent.

(iii) To issue a writ of mandamus or any other appropriate

writ, order, or direction directing the 2nd respondent to incorporate the relevant provision of penal laws as revealed from the complaint and statement of all

petitioners in crime No.691/2022 of Medical College Police Station, Kozhikode.

(iv) To issue appropriate order or direction as this Hon'ble Court may deem fit and necessary in the facts and circumstances of the case.”

2. In response to the averments in the writ petition, a statement has been filed by the learned Public Prosecutor wherein various steps taken by the Police as part of the investigation of the crime are mentioned. It is seen from the records that respondents Nos.5 to 11 were already arrested, and later, they were released on bail as per the order passed by this Court in B.A. No.7670/2022 after 34 days of detention. It is also pointed out in the said statement that, initially, the investigation was being conducted by the Sub Inspector of Police, Medical College Police Station; later, the investigation was entrusted to the Inspector of Police, Medical College Police Station. Thereafter, as per order bearing No.D1/65144/2022/CC dated 15.10.2022 passed by the DIG & District Police Chief, Kozhikode City, the investigation was entrusted with the Assistant Commissioner of Police, Medical College, Kozhikode City and the same is now in progress.

3. Now, it is pointed out that two more identified accused are to be arrested, and steps are being taken to arrest them and to collect all the evidence for establishing the crime.

4. Heard Sri. C.R. Sivakumar, the learned counsel appearing for the petitioners and Sri. M.P. Prasanth, the learned Senior Public Prosecutor for the State.

5. From the statement submitted on behalf of the Police and the submission made In this behalf by the learned Public Prosecutor, it is evident that the Assistant Commissioner of Police is now conducting the investigation and therefore, relief Nos.1 and 2 sought by the petitioner are seen granted. The learned counsel, however, seeks for an order in tune with the relief No 3, which is to the effect that, in the investigation now in progress, the relevant penal provisions are to be incorporated. The offences now alleged against the accused persons are under Sections 3 and 4 of the Kerala Health Care Service Persons and Health Care Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 and also under Sections 3 41, 323, 333, 143, 147 and 149 of the Indian Penal Code . The apprehension of the learned counsel for the petitioner is that, as far as the offences under the provisions of Kerala Health Care Service Persons and Health Care Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 and the offence under Section 333 of the are concerned, it is likely that the accused may take a contention that those offences would not be attracted. He als