pradyumankaistha
(Querist) 21 January 2015
This query is : Resolved
Can two petitions regarding two separate acts be clubbed together by the High Court wherein one petition is made under Article 226 and the other one under Section 482 of CrPC? The petition under 226 has been made regarding the violation of Fundamental Rights by a State University and the one under 482 has been made for quashing of an FIR for two distinct acts committed by the same person.
Devajyoti Barman
(Expert) 21 January 2015
The High Court cannot club petitions unless the Chief Justice assigns both matters to a single judge. In this case the matters are basically different and I do not find any merit in favour of clubbing the cases together.
Rajendra K Goyal
(Expert) 22 January 2015
Agree with the expert Devajyoti Barman.
Guest
(Expert) 22 January 2015
Academic query without discussion of nature of offence and justification for two different petitions.
ajay sethi
(Expert) 22 January 2015
agree with Mr barman
R.K Nanda
(Expert) 22 January 2015
no is the answer.
pradyumankaistha
(Querist) 22 January 2015
Thanks a lot sir. Is there any authority to back this contention or any books that should be referred to in this regard?
Devajyoti Barman
(Expert) 23 January 2015
decisions are not supplied here.
Biswanath Roy
(Expert) 24 January 2015
If the grievances of the petitions are co related to each other the Hon'ble Chief Justice of the High Court can allot the case to a Single Judge to take up two distinct matters under two different laws together for better administration of justice.
T. Kalaiselvan, Advocate
(Expert) 24 January 2015
The opinions given to this extent for an academic query is sufficient.
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