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can we file a criminal caveat in high court?

lawyer

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.

 
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Lawyer

Forum Moderator

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

 
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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

 
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ADVOCATES

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.

 
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lawyer

Salutations,

For appearence, is furnishing of vakalatnama not enough.

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

 
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ADVOCATES

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

 
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senior civil judge CUM ADMINISTRATIVE OFFICER

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


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

 
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lawyer

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.

 

 
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