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2025 Supreme(Online)(Ker) 48764
IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
Welfare Association Trust West Viliayathunadu, Aluva – Appellant
Versus
The Superintendent of Police – Respondent
WP(CRL.) NO. 1386 OF 2025
For the Appellants/Petitioners: Sri. P.K. Aboobacker
For the Respondents: Sri. E.C. Bineesh
The court mandates the investigation to include applicable offenses under the Healthcare Service Act when disclosed by evidence.
Headnote:The petitioner, a charitable trust, registered a complaint alleging forceful admission of a patient, leading to a registered crime against certain individuals under various sections of the Bharatiya Nyaya Sanhita, 2023. The petitioner contends that the investigation should also consider applicable offenses under Section 3 and 4 of the Kerala Healthcare Service Persons and Healthcare Service Institutions Act, 2012. The court directs further investigation to incorporate potential offenses indicated in the complaint.
| Table of Content |
|---|
| 1. petitioner alleges forceful act impacting healthcare. (Para 1 , 2) |
| 2. court mandates incorporation of healthcare offenses. (Para 4) |
| 3. court directs further investigation and compliance. (Para 5) |
J U D G M E N T
The petitioner is a Charitable Trust which runs a clinic attached with laboratory and pharmacy with inpatient facility for five patients under the name We Care Charitable Hospital. According to the petitioner, on 14.09.2025 at 07.30 p.m., in the night, a patient namely Khadeeja was brought in an ambulance and the persons accompanying the patient called the medical staff of the clinic and told them that the patient has to be admitted at the clinic. When the medical staff expressed their inability to admit the patient in the hospital without the advice of the doctor, a few persons, under the leadership of one Mahajoob, forcefully brought the ambulance into the compound, took the patient and laid her in a bed causing disturbance and inconvenience to female patients who are lying there.
2. On the complaint of the petitioner, the Aluva West police station registered Ext.P10 Crime against the three named accused persons and others alleging offences punishable under Sections 79 , 189(2), 190, 191(2), 324(1) 329(3) and 351(2) of the Bharatiya Nyaya Sanhita 2023, (for short, ' BNS '). According to the petitioner, even though the offences under Sections 3 and 4 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 (for short, 'the Act') were involved, the said offences have not been incorporated so far. It is in these circumstances, the petitioner has approached this Court.
3. Heard both sides.
4. As per Section 3 of the Act, any act of violence against the health care service persons or damage or loss to property in a health care service institution is a punishable offence and as per Section 4 of the Act, any offender who commits any act in contravention of shall be punished with imprisonment for a period which may extend to three years and with fine also which may extend to fifty thousand rupees. Ext.P8 is the complaint given by the petitioner to the Station House Officer, Aluva West police station, who is the 2nd respondent. A reading of the said complaint would show that there are clear averments to attract Sections 3 and 4 of the Act. When the complaint discloses the said offences, the 2nd respondent ought to have incorporated those offences as well.
5. In the statement filed by the 2nd respondent, it is stated that the case requires an investigation by taking the evidence of more witnesses and collecting more evidence.
Having heard the learned counsel for the petitioner and the learned Senior Public Prosecutor, this writ petition is disposed of with a direction to the 2nd respondent to conduct a fair and effective investigation of the crime. The 2nd respondent shall incorporate the offences under the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 , if such offences are disclosed during investigation.
