Today, on 01/042010 in Lalu Prasad Yadav v. State of Bihar, the Supreme Court held that in light of s. 378 CrPC, the State Government (of Bihar) had no competence to file an appeal from the judgment passed by Special Judge, CBI (AHD), Patna, acquitting the accused persons when the case was investigated by the Delhi Special Police Establishment (CBI)
It is pertinent to notice here that as per CBI, the central government after considering the conclusions and findings of the trial court took a conscious and considered decision that no ground whatsoever was made for filing an appeal against the judgment of the
On February 17, 2007 the state government, however, filed leave to appeal u/s 378 CrPC against the order of acquittal dated December 18, 2006 before the High Court of Judicature at
The Supreme court allowed both the appeals and held that appeal by the State Government in the High Court was not maintainable.
