Filing of caveat
PraveenBhai
(Querist) 04 November 2017
This query is : Resolved
Does Caveat is applicable in criminal cases.
Dr J C Vashista
(Expert) 05 November 2017
Yes it is applicable.
Prima facie it is an examination hall question paper to be given to students.
Ms.Usha Kapoor
(Expert) 05 November 2017
There is no caveat in criminal proceedings.Whether caveat as per S148-A of CPC can be filed in criminal matter?
It is therefore evident that under the Cr.PC.in a criminal case at any stage of inquiry, trial or appeal, no such specific provision of filing a caveat, as governed by section 148-A of the Code of Civil Procedure exists. There are no other provisions under the Code of Criminal Procedure under which a private party / complainant / informant can file a caveat to oppose the proceeding initiated at the behest of the accused. Learned Division Bench of Delhi High Court vide judgement dated 11th May 2001 passed in WPC No. 1703/2001 in the case of Deepak Khosla vs. Union of India & others, had also the occasion to consider, whether a caveat application is maintainable in a criminal matter to oppose the prayer of the accused person seeking an interim order from the Court? Learned Court after considering the provisions of the CPC and Cr.PC., as has been noticed herein above as well, came to an authoritative conclusion that there is no legal sanction for filing a caveat by the applicant concerned to oppose the prayer of the accused in a criminal matter. Learned Division Bench considered the judgement of Rajasthan High Court in the case of Sahab Ram & another vs. State of Rajasthan & others [2000 (2) WLN 554] which also had taken the same view.
14. From the aforesaid discussions, the only conclusion that can be drawn is that there is no scope for filing a caveat as required under section 148-A of the Code of Civil Procedure in a criminal proceeding. The first question of law is answered accordingly.
Jharkhand High Court
For further informationon this issueplease click the following link.
http://www.lawweb.in/2015/03/whether-caveat-as-per-s148-of-cpc-can.html
Rajendra K Goyal
(Expert) 06 November 2017
Academic query.
State material facts of the problem if any.
How are you concerned / related with the query?
Hemant Agarwal
(Expert) 09 November 2017
1. Caveat is applicable where the rights of the caveator is getting prejudiced /harmed.
2. In Criminal matters, file "Intervener" application and move forward.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
