Quashing of fir
kritika
(Querist) 03 February 2015
This query is : Resolved
if there is a case registered under section 294 of the penal code and then the aggrieved party has also been expelled from university on the ground of participating in a protest,if the aggrieved party files two different petitions one for quashing of fir and other against the arbitrary expulsion can these two different nature petitions be combined? also does a petition filed for quashing of fir is always read with article 226 of constitution?
Nadeem Qureshi
(Expert) 03 February 2015
Dear Querist
Both the proceedings may file.
in quashing petition it is not mandatory to mentioned article 226 of Constitution of India, it may be optional.
quashing petition may be filed u/s 482 Of Cr.P.C.
Rajendra K Goyal
(Expert) 03 February 2015
Both cases of separate nature and can be filed.
Mentioning article 226 of Constitution of India, is optional.
ajay sethi
(Expert) 03 February 2015
no they cannot be combined . they are in respect of separate cause of action .
kritika
(Querist) 03 February 2015
Thank you nadeem, rajendra and ajay sir. i have a question to ajay sir that is there any case supporting the non joinder of petitions of separate cause of action.
Devajyoti Barman
(Expert) 03 February 2015
Against FIR quashing lies but against expulsion writ petition under article 226 lies and that same is not cushing.