{"id":348585,"date":"2025-05-22T18:00:34","date_gmt":"2025-05-22T12:30:34","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=348585"},"modified":"2025-05-30T11:17:57","modified_gmt":"2025-05-30T05:47:57","slug":"police-officers-cannot-compel-citizens-or-employees-to-help-them-bomhc","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/05\/22\/police-officers-cannot-compel-citizens-or-employees-to-help-them-bomhc\/","title":{"rendered":"\u2018Police Officers cannot compel citizens or its employees to help them\u2019; Bombay HC quashes FIR against officer who showed difficulty to provide employees as panch witness"},"content":{"rendered":"
\n

Bombay High Court:<\/span> In a case wherein, a FIR was registered against the applicant, serving as the Assistant Commissioner, Social Welfare, Dharashiv, who on the police officer’s letter, showed his incapability to supply his employees working under him, to act as panch witnesses, the Division Bench of Vibha Kankanwadi*<\/span> and Sanjay A. Deshmukh, JJ., opined that it was very unfortunate that still a mentality prevailed in the Police Department that everybody should give preference to the work directed by the police or to help the police.<\/p>\n

The Court stated that when the applicant as the head of the said Department showed his difficulty, it could not be taken as willful disobedience or refusal of any order, and thus, it would be unjust to ask the applicant to face the trial. Thus, the Court quashed and set aside the FIR registered against the applicant.<\/p>\n

Background<\/h3>\n

The applicant was serving as the Assistant Commissioner, Social Welfare, Dharashiv, and Respondent 2 was serving as an API, and in his official capacity, Respondent 2 gave a letter to the applicant that two employees serving under him should be made available as panch witnesses. The applicant did not respond and, thus, a FIR was registered with City Police Station, Dharashiv, for the offence punishable under Sections 187<\/a>1<\/sup><\/a> and 188<\/a>2<\/sup><\/a> of the Penal Code, 1860<\/a> (‘IPC’).<\/p>\n

The applicant submitted that he had made a communication regarding the scarcity of employees for supplying them as panch witnesses and even when the Government Resolution dated 12-5-2015 was issued, he had made a communication that due to scarcity of employees it would not be possible to send the employees working under him to act as panch in various matters. Thus, the Sub Divisional Magistrate, Osmanabad had fixed the days and as per the rotation, on Tuesday, a letter was given to the applicant to supply the employees, however, by letter dated 26-3-2024, he gave his inability. The applicant stated that for the last three years, every Tuesday, one employee was sent to act as panch and this arrangement caused difficulty in the functioning of the office work and, therefore, the applicant refused to make the panch witness available, which did not lead to the applicant committing any offence.<\/p>\n

Counsel for the respondents submitted that every citizen was supposed to help the police to have authenticity and reduce the hostility of panch witnesses. The State Government also took a step and issued a circular dated 12-5-2015 and so it was the bounden duty of the applicant to provide the employee serving under him to act as panch witness. Further, the applicant’s arrangement was considered by the Sub Divisional Magistrate and for his office, Tuesday was fixed and thus, under such circumstance, he could not have refused to send any person.<\/p>\n

Analysis, Law, and Decision<\/h3>\n

The Court opined that it was very unfortunate that still a mentality prevailed in the Police Department that everybody should give preference to the work directed by the police or to help the police. Even though every citizen was duty bound to help the police, that did not mean that refusal of the same should be considered as an offence in all situations.<\/p>\n

The Court referred to Section 187<\/a> of IPC<\/a> which punished a person being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance. The Court opined that the basic ingredients were willful neglect or intentional omission to arrest a public servant.<\/p>\n

The Court noted that the applicant had stated that due to scarcity of employees it would not be possible to send the employees working under him to act as panch in various matters. The Court opined that refusal was different than inability due to genuine reason and in the present case, the letter given by the applicant clearly demonstrated his inability for a genuine reason. Therefore, the basic ingredient of Section 187 was not attracted.<\/p>\n

The Court referred to Section 188<\/a> of IPC<\/a> and stated that the letter given by the applicant could not be considered as promulgation under a law, as he himself was relying upon the Government Resolution dated 12-5-2015, which was not a law. The Court noted that the said Resolution was issued as panchas were turning hostile and because of which the percentage of conviction was going down and, therefore, if the Government Servants were taken as panchas, then it would help in solving the problem of hostility of the panchas.<\/p>\n

The Court noted that clause (ii) stated that “in those offences where the punishment was seven years or more than that, then the Investigating Officer should as far as possible engage the Government Servant as panch”. Thus, the Court opined that the words “as far as possible” indicated that it was not compulsory and the letter given to the applicant, was in a way threat, as it stated that if in spite of receipt of letter such employee was not made available, then it would amount to offence under Sections 187<\/a> and 188<\/a> of IPC<\/a>. The Court opined that panchas were not to be procured by giving threats as it was a voluntary act.<\/p>\n

The Court opined that the Police Officers could not make it compulsory to any citizen even the employees that they should help the Police Officers. The Court stated that in the present case, when the applicant as the head of the said Department showed his difficulty, it could not be taken as willful disobedience of any order, and thus, it would be unjust to ask the applicant to face the trial.<\/p>\n

The Court allowed the application and opined that it was a fit case to exercise its powers under Section 482<\/a>3<\/sup><\/a> of the Criminal Procedure Code, 1973<\/a>. Thus, the Court quashed and set aside the FIR registered against the applicant.<\/p>\n

[Balasaheb Gurushantappa Arawat v. State of Maharashtra, 2025 SCC OnLine Bom 2044<\/a>, decided on 9-5-2025<\/span>]<\/p>\n

*Judgment authored by: Justice Vibha Kankanwadi<\/span><\/strong><\/p>\n\n

Advocates who appeared in this case:<\/p>\n

For the Applicant:<\/span> Ajinkya Reddy, Advocate for Applicant<\/p>\n

For the Respondents:<\/span> A.R. Kale, APP for Respondents 1 and 2<\/p>\n

Buy Code of Criminal Procedure, 1973  HERE<\/a><\/h3>\n

\"Code<\/a><\/p>\n

Buy Penal Code, 1860   HERE<\/a><\/h3>\n

\"penal<\/a><\/p>\n<\/div>\n\n

1.<\/a> Corresponding Section 222<\/a> of the Bharatiya Nyaya Sanhita, 2023<\/a> (‘BNS, 2023’)<\/p>\n

2.<\/a> Section 223<\/a> of BNS, 2023<\/a><\/p>\n

3.<\/a> Corresponding Section 528<\/a> of the Bharatiya Nagarik Suraksha Sanhita, 2023<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

“Even though every citizen is duty bound to help the police, that does not mean that refusal of the same shall be considered as an offence in all situations.”<\/p>\n","protected":false},"author":1,"featured_media":314919,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[2569,82431,79392,71795,82432,34674,82433,33171],"class_list":["post-348585","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-Bombay_High_Court","tag-compel-citizens","tag-justice-sanjay-a-deshmukh","tag-justice-vibha-kankanwadi","tag-panch-witness","tag-police-officers","tag-section-187-ipc","tag-section-188-ipc"],"yoast_head":"\n'Police Officers cannot compel citizens or its employees to help them'; Bombay HC quashes FIR against officer who showed difficulty to provide employees as panch witness | SCC Times<\/title>\n<meta name=\"description\" content=\"Bombay High Court held that though the Police Officers could not compel citizens or its employees to help them and thus quashed FIR against officer who showed difficulty to provide employees as panch witness.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2025\/05\/22\/police-officers-cannot-compel-citizens-or-employees-to-help-them-bomhc\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"\u2018Police Officers cannot compel citizens or its employees to help them\u2019; 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Bombay HC directs State to make guidelines for investigating officers on how to record the statements","author":"Simranjeet","date":"May 7, 2025","format":false,"excerpt":"The copy pasting of statements may unnecessarily give advantage to the accused persons, because of which the seriousness of the genuine case may vanish.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Bombay High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":352170,"url":"https:\/\/www.scconline.com\/blog\/post\/2025\/07\/02\/bomhc-on-misuse-of-s-498-a-ipc-highlights-improper-police-investigation\/","url_meta":{"origin":348585,"position":1},"title":"\u2018Classic case of misuse of S.498-A IPC\u2019; Bombay HC quashes dowry harassment case, highlights improper police investigation","author":"Editor","date":"July 2, 2025","format":false,"excerpt":"\u201cThe Court observed that the police does not take proper precautions and appropriate investigation when it came to offences under Section 498-A\u00a0IPC and called their attitude of proceeding with investigation with presumptions\/prejudicial mind, \u2018dangerous\u2019.\u201d","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"misuse of S.498-A IPC","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/07\/misuse-of-S.498-A-IPC.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/07\/misuse-of-S.498-A-IPC.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/07\/misuse-of-S.498-A-IPC.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/07\/misuse-of-S.498-A-IPC.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":352998,"url":"https:\/\/www.scconline.com\/blog\/post\/2025\/07\/10\/bombay-hc-orders-fir-dalit-law-student-custodial-death\/","url_meta":{"origin":348585,"position":2},"title":"Bombay HC orders FIR in Dalit law student’s custodial death after arrest in 2024 protest over atrocities on Hindus in Bangladesh","author":"Editor","date":"July 10, 2025","format":false,"excerpt":"\u201cIn respect of offences that occur against a person in police custody or custodial death, the stand to be taken by this Court should be different. 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A public square (chowk), road or place could not be named by the MLA on his own.\u201d","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Tipu Sultan Chowk","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/07\/Tipu-Sultan-Chowk.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/07\/Tipu-Sultan-Chowk.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/07\/Tipu-Sultan-Chowk.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/07\/Tipu-Sultan-Chowk.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":352434,"url":"https:\/\/www.scconline.com\/blog\/post\/2025\/07\/04\/bombay-hc-denies-quashing-fir-in-rape-case-upon-compromise\/","url_meta":{"origin":348585,"position":4},"title":"\u2018Misunderstanding cannot lead to filing FIR in heinous crime like rape; compromise unacceptable\u2019; Bombay HC refuses to quash FIR","author":"Editor","date":"July 4, 2025","format":false,"excerpt":"\u201cCompromises in heinous crimes are not in the interest of the society since it will then be easy for the accused persons to get the consent of such informants by putting pressure or using money power.\u201d","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"compromise rape","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/07\/compromise-rape.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/07\/compromise-rape.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/07\/compromise-rape.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/07\/compromise-rape.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":342960,"url":"https:\/\/www.scconline.com\/blog\/post\/2025\/03\/05\/instigation-or-common-intention-cannot-be-mere-basis-to-prove-cruelty-u-s-498a-ipc-bomhc\/","url_meta":{"origin":348585,"position":5},"title":"Instigation, or common intention cannot be mere basis to prove cruelty under S.498-A IPC: Bombay HC","author":"Simranjeet","date":"March 5, 2025","format":false,"excerpt":"The allegations submitted by Respondent 2 cannot amount to cruelty under Section 498-A of Penal Code, 1860 as each person shall act in his own way and the said act independently shall amount to cruelty.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Bombay High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/348585","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=348585"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/348585\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/314919"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=348585"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=348585"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=348585"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}