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In a landmark decision, the Bombay High Court has held that FIR cannot be a ground for expulsion. The decision while provides relief to many innocent people, also on the other hand sends a clear message that FIR is not gospel truth and any coercive action should not be based on merely FIR. In a case filed by a student of Mukesh Patel School of Technology Management and Engineering College affiliated to Narsee Monjee Institute of Management Studies (NMIMS), the court quashed the colleges order to expel the student on the grounds of FIR.
In June, this year, a FIR was lodged against the student for allegedly raping and cheating a girl under the false pretext of marriage and based on that FIR the student was expelled. The student approached the high court challenging the institute's order on the ground that he was not given an opportunity to put forth his case. The bench comprising of Justices BR Gavai and SK Shinde observed that the order of institute was in violation of the principles of natural justice and accordingly quashed the order. The court further observed that although the allegations against the student were serious in nature, but without examining the validity of the charges, expulsion would be unjust. Not mincing words, the observation of the bench was:
"In our view, if the impugned orders are not quashed, would certainly harm his career, which cannot be compensated in terms of money or otherwise. The petitioner cannot, therefore, be made to suffer the consequences merely on the basis of the allegations made against him and that too, before trial,"
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