Kerala High Court
Welfare Association Trust vs The Superintendent Of Police on 31 October, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(CRL.) NO. 1386 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31ST DAY OF OCTOBER 2025 / 9TH KARTHIKA, 1947
WP(CRL.) NO. 1386 OF 2025
CRIME NO.783/2025 OF ALUVA WEST POLICE STATION (ALANGAD),
ERNAKULAM
PETITIONER/COMPLAINANT:
WELFARE ASSOCIATION TRUST
WEST VELIYATHUNADU, ALUVA,
REPRESENTED BY IT'S VICE CHAIRMAN,
SHRI.MUHAMMED IQUBAL, AGED 73 YEARS,
S/O. HASSAN ALI, RESIDING AT VEZHAPPILLIL,
WEST VELIYATHUNADU.P.O. ADUVATHURUTH,
ALANGAD, KARUMALLOOR,, PIN - 683511
BY ADV SRI.P.K.ABOOBACKER(EDAPPALLY)
RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE
POWER HOUSE JUNCTION,
SUB JAIL ROAD, ALUVA ERNAKULAM DISTRICT,
PIN - 683101
2 THE STATION HOUSE OFFICER
ALUVA WEST POLICE STATION, KOTTAPPURAM,
ALANGAD.P.O.,
ERNAKULAM DISTRICT, PIN - 683511
WP(CRL.) NO. 1386 OF 2025
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OTHER PRESENT:
SRI.E.C.BINEESH-SR.PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 31.10.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(CRL.) NO. 1386 OF 2025
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JUDGMENT
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
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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 Section 3 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
WP(CRL.) NO. 1386 OF 2025
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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 2 nd 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 2 nd 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.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
WP(CRL.) NO. 1386 OF 2025
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APPENDIX OF WP(CRL.) 1386/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE REGISTRATION
CERTIFICATE DATED 15.6.2012 OF THE
WELFARE ASSOCIATION TRUST ISSUED BY THE
OFFICE OF THE SUB REGISTRAR
EXHIBIT P2 THE CERTIFICATE DATED 15.2.2023 ISSUED
BY THE BOARD OF CONTROL FOR ORPHANAGES
AND OTHER CHARITABLE HOMES, KERALA
EXHIBIT P3 THE CERTIFICATE DATED 24.3.2022 ISSUED
BY THE BOARD OF CONTROL FOR ORPHANAGES
AND OTHER CHARITABLE HOMES, KERALA
EXHIBIT P4 THE CERTIFICATE DATED 23.8.2023 ISSUED
BY THE BOARD OF CONTROL FOR ORPHANAGES
AND OTHER CHARITABLE HOMES, KERALA
EXHIBIT P5 THE CERTIFICATE DATED 29.4.2024 ISSUED
BY THE KERALA STATE COUNCIL FOR CLINICAL
ESTABLISHMENTS, DISTRICT REGISTRATION
AUTHORITY, ERNAKULAM DISTRICT
EXHIBIT P6 THE TRUE PHOTOCOPY OF THE COMPLAINT
DATED 16.9.2025 FILED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
EXHIBIT P7 THE TRUE PHOTOCOPY OF THE RECEIPT DATED
16.9.2025 ISSUED FROM THE OFFICE OF THE
1ST RESPONDENT
EXHIBIT P8 THE TRUE PHOTOCOPY OF THE COMPLAINT
DATED 16.9.2025 FILED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
EXHIBIT P9 THE TRUE PHOTOCOPY OF THE RECEIPT DATED
16.9.2025 ISSUED FROM THE OFFICE OF THE
2ND RESPONDENT
EXHIBIT P10 THE TRUE PHOTOCOPY OF THE F.I.R.
NO.783/2025 DATED 19.9.2025 OF THE ALUVA
WEST POLICE STATION
