A caveat petition is a protective measure taken by a person , but a caveat petition in criminal cases is not entertained, now learn more!
Can you File a Caveat Petition in Criminal Cases?
Given that the substantive law regulating the criminal procedure, the Code of Criminal Procedure, contains no provision for the caveat. Therefore an applicant’s right to lodge a caveat is unenforceable. Due to the lack of legal backing for the right to put forth a caveat for a criminal case, no repercussions follow. As a result, no order may be issued to recall the admission and stay orders in criminal proceedings on account of a caveat petition being filed. Caveat Petition in Criminal Cases
| The provision for a caveat petition is housed under the CPC and hence since the code of civil procedure does not apply to criminal cases nor does it override or influence the code of criminal procedure one can rule out the possibility of a caveat petition in criminal cases. |
Can you File a Caveat Petition in Civil Cases?
Yes. The issue of caveat is addressed in Section 148A of the Civil Procedure court. Despite the fact that the CPC does not define a caveat, however the court in Nirmal Chand v. Girindra Narayan characterised it as a caution provided to the court by an individual that no order or judgement shall be passed without giving notice or hearing the caveator. The Caveator is the person who files the caveat, and the Caveatee is the person who has instituted or is likely to institute a suit for Caveat Petition in Criminal Cases
| The Caveat Petition is discussed briefly in Section 148-A of the Code of Civil Procedure, 1908. A Caveat Petition is a preventative measure taken by people when they have a strong suspicion that a case will be filed in a court of law involving their interests in some way. |
According to Section 148A:
- Any individual who claims to have the right to present in court on the hearing of the relevant application may register a caveat when an application is expected to be made or has been made in a suit or process in court
- As indicated above, the caveator must serve a caveat notice to the person who made or is expected to make the application
- If an application is filed in any suit or proceeding after the caveat is filed, the court is required to deliver a legal notice to the caveator by Caveat Petition in Criminal Cases
- When an applicant receives a notice of caveat, he or she must provide the caveator with a copy of the application, as well as copies of any other documents filed to verify the application
- A caveat is only valid for 90 days from the date of filing unless the application described in subsection (1) is started before that time runs out.
The Objective of Filing a Caveat Petition
Caveats ensure that the court does not issue ex parte orders and that the caveator’s interests are respected. Caveat also saves the court’s workload and brings the case to a close by reducing the number of proceedings. The court concluded in Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma that no caveat can be lodged by a total stranger to the matter because the objective of the proviso was to save the court money and time.
Another goal of Section 148-A is to prevent the occurrence of multiple legal proceedings. A person who is the subject of an order based on an application in a suit or procedure in which he is not a party must pursue legal action to overturn the order. The substantive application referred to in Subsection (1) of Section 148-A must be filed, and anyone impacted by an order made on such an application may file a caveat to oppose it.
| When someone suspects that a civil case may be brought up against them, they file a caveat petition, requesting that the court notify them of any action that may be taken against them. |
Documents Required for Filing a Caveat Petition
- Caveat petition signed by the caveator
- When an advocate represents a caveator, the advocate can sign the petition and attach the vakalatnama to it
- The caveat must be entered in the required form in the caveat register, which is kept by the court and includes the date and number of proceedings
- A copy of the application, proof of dispatch of notice, and an explanation stating that a copy of the caveat petition has been issued to the parties of the suit to be attached when filing the caveat in the court
- When filing the Caveat petition in Criminal Cases, an affidavit shall be submitted to the petition
- Fees prescribed by the court; for further queries, you can reach out to Vakilsearch; our experts can help you out in filing a caveat online and provide the best legal advice
Can we get Caveat in anticipatory bail ?
In criminal cases, there is no exclusion. Nonetheless, a petition for anticipatory bail may be filed in a criminal court.
Caveat in criminal case in Supreme Court ?
1.A caveat petition in criminal cases is a legal tool used to ensure that a party is given notice before any order or judgment is passed by the Supreme Court.
2.By filing a caveat petition, a party can prevent the court from passing any order without first hearing their side of the case.
3 .A caveat petition in criminal cases is particularly useful in situations where a party anticipates that the other party may file an appeal or review petition against a judgment or order.
4 .Filing a caveat petition in criminal cases can help ensure that a party’s interests are protected and that they have an opportunity to be heard before any decision is made by the Supreme Court.
Read more:-
Registrar Caveat Vs Private Caveat
