Maharashtra : Emphasising that cooperation with the police cannot be enforced through threat or coercion, the Aurangabad bench of the Bombay high court quashed an FIR against Assistant Commissioner of Social Welfare, Dharashiv, who had refused to send staff as panch witnesses, citing lack of manpower.
“Police officers cannot make it compulsory for any citizen—even a government servant—to help them. Though it is a duty, it does not mean there is any compulsion,” a division bench of justices Vibha Kankanwadi and Sanjay Deshmukh said.
The HC was hearing a plea filed by Balasaheb Arawat, 52, seeking quashing of the FIR lodged against him on March 28, 2024 under sections 187 (failure to aid public servant when bound by law to give assistance) and 188 (disobedience to lawful order of public servant) of the Indian Penal Code. The FIR was registered on the complaint of API Dinesh Jadhav.
