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Can we file a criminal caveat in High Court?

Page no : 2

Adinath@Avinash Patil (advocate)     11 October 2009

There is no provision to file caveat in criminal matters

1 Like

hisifybird (retd)     08 January 2010


 

It seems, Shri. v.sreenivas sivaram, junior civil judge seems to be right. As per my advise my lawyer has filed a Caveat as wp by mentioning the relevant Sessions Court CLRP Case no, under which  notice has been issued to the accused. I am not sure this works always.

B.S MANJUNATH (ADVOCATES)     09 January 2010

From all the opinions that have fallen out till now it is concurrent that under criminal procedure code there is no provisions for filing caveat. However, to over come the intertia it would be appropriate that we look for innovative method for a complainant to be made party in appeal  with respect  to opposing grant of bail. What can be explored is to file a miscellaneous petition invoking section 482 Cr pc, making the jurisdiction police, the accused as resondents and seek a prayer that in the event of accused filing an appeal with respect order of refusal to grant bail in particular case the same should be notified to the petitioner in miscelaneous petition before passing any order. Notice in any event would be issued to state along with that complainant will be issued. There is no impediment for exercise of such inherent power by High court.

B.S MANJUNATH

ADVOCATE, BANGALORE

 

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