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shakil ahmed (lawyer)     12 September 2009

Can we file a criminal caveat in High Court?

Sirs, Salutations,

Can a complainant  file  criminal caveat on bail matter in High Court ?

Can complainant engage a lawyer to oppose bail of accused?

Thanks.



Learning

 17 Replies

Prakash Yedhula (Lawyer)     12 September 2009

I dont think there is caveat on teh criminal side. However, the complainant can oppose the bail application by intervening.

PRAKASHCHANDRA MARU (lawyer)     12 September 2009

i think there is no provision in the crpc for the caveat and caveat is in the coc u/s 148 a but fo r thr civil matters

B.S MANJUNATH (ADVOCATES)     13 September 2009

Complainant should asist prosecution. Therefore be in contact with the public prosecutor office. If any bail application is made they would have received copy  of the bail application and accordingly you can assist the prosecution. Once you are aware of the application you can as well seek permission of the court by makng appropriate application.

shakil ahmed (lawyer)     13 September 2009

Salutations,

For appearence, is furnishing of vakalatnama not enough.

VINOD BHATI (advocate)     13 September 2009

There is no provision in the crpc for the caveat and caveat is in the cpc u/s 148

B.S MANJUNATH (ADVOCATES)     13 September 2009

You should seek permission of court to independently appear. However as per the provisions of the code you can only assist the prosecution.

v.sreenivas sivaram (senior civil judge CUM ADMINISTRATIVE OFFICER)     14 September 2009

no such proviso but you can approach the high court u/s.482 cr.p.c. explaining the special reasons if any why your application can be treated as a caveat, some reader can help you , as there is a citation ( i will check and reply shortly ) which says when there is no provison in the criminal procedure code the appropriate provison under the civil procecure code can be taken into consideration

1 Like

raajarajane (member)     14 September 2009

the kerala high court in year 2005 has held defacto complainant can engage a counsel to post his objections

shakil ahmed (lawyer)     14 September 2009

I am obliged. It is like in the abscense of any express provision of law to bar an act any court can always act to meet the ends of justice.

Srinivas, I shall wait for your reply.

I am highly obliged to members for the enlightening information and participation in the thread.

 

B.S MANJUNATH (ADVOCATES)     14 September 2009

It is important to understand the principle that any offence committed is an offence aganist state. The state is the agrieved party. It is the state which guarantees freedom and therefore to deprive the same the state has to go through due process of law.Thus the concept of caveat would be out of place in that context. The filing of bail application itself is submitting to the jurisdiction of court. It is an expression to extend coperation to the prosecution. Granting of bail is left to the discretion of the court based on sound principles of law.

It is because that effort of prosecution is not effective, which compels the aggrieved to think in terms of entering the shoes of prosecutor.

The provisions of law in our democracy  cannot disturb the presumption of innocence and balance has to been made.

Sachin Bhatia (Advocate)     15 September 2009

No there is no provision in the criminal procedure code to file a  caveat in criminal case. However, the complainant can oppose the bail application by intervening

Adv.Yashwardhan Tiwari (Advocate IPR Associate )     11 October 2009

Sir Y. Praksash

 my FIR u/s 341,294,506,323,34 was launched  on 6 -10-2009 for the incident of 17 july 2009 for which i have given application on the same day 17 july 2009  but it was received on 30-10-2009 on the direction of SP.Police investigating officer has not arrested any of the accussed till today 11-10-2009 and i am still getting threat to death and in my MLC doctor has written nature of injury is grievious as my tooth was broken now what shall i do. As for whole incident there is no witness.Police says that FIR karwne se kuch nahi hota hum apne hissab se deal karenge.In this what shall i do.How can i  feel secured as they are very influential people. what will be the right way to deal this matter.Suggest 

Adv.Yashwardhan Tiwari (Advocate IPR Associate )     11 October 2009

 my FIR u/s 341,294,506,323,34 was launched  on 6 -10-2009 for the incident of 17 july 2009 for which i have given application on the same day 17 july 2009  but it was received on 30-07-2009 on the direction of SP.Police investigating officer has not arrested any of the accussed till today 11-10-2009 and i am still getting threat to death and in my MLC doctor has written nature of injury is grievious as my tooth was broken now what shall i do. As for whole incident there is no witness.Police says that FIR karwne se kuch nahi hota hum apne hissab se deal karenge.In this what shall i do.How can i  feel secured as they are very influential people. what will be the right way to deal this matter.Suggest 

Mrs. Hetal Sunil Shah (Advocate)     11 October 2009

NO you can go for quashing petition.


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