Institute of Legal and Management Studies

The Supreme Court recently reaffirmed its judgment in Lalu Prasad Yadav and Anr. v. State of Bihar and Anr. (2010) 5 SCC 1 which held that a State Government cannot file appeal against a judgment in a criminal case which was prosecuted by the Central Bureau of Investigation.

The Court chose not to go into the question whether a State Government can file appeal when the investigation was initially handled by the State Police before being transferred to the CBI.

The bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta observed that this issue may be examined in future cases arising from certain specified situations.

“We are of the view that the question as to whether the State Government can independently file an appeal against acquittal of the accused in a case which was initially registered by the local police and later tried on the chargesheet filed by the CBI, may be examined and deliberated in a suitable case involving the following situations:

(a) the complaint was lodged by the State Government or its officers;

(b) investigation was partly done by State Police;

(c) prosecution was commenced at the instance of the State Government;

(d) the State Government has a stake in the criminal proceedings; and

(e) the jurisdiction of the CBI had been invoked at the instance of the State Government.”

Background

The case relates to June 4, 2003, when Ramavatar Jaggi, a political figure, was murdered. The State Police initially investigated and filed a chargesheet, but the probe was later transferred to the CBI following dissatisfaction with the investigation. The CBI filed a fresh chargesheet accusing Amit Jogi, son of the then CM Ajit Jogi of conspiracy to murder.

On May 31, 2007, the trial court convicted 28 accused persons but acquitted Amit Jogi due to a lack of evidence. Appeals were then filed in the High Court by the State, the complainant, and the CBI. The High Court dismissed all three, holding the State's and complainant's appeals as non-maintainable, and rejecting the CBI's appeal on account of delay.

The judgment authored by Justice Nath upheld the High Court's decisions to dismiss the appeals filed by the State of Chhattisgarh and the victim's son, Satish Jaggi, as the case was fully investigated by the CBI, negating the State's right to appeal against the acquittal in terms of the circumstances stated above.

However, upheld the CBI's appeal, reviving its appeal before the High Court, upholding the CBI's right to appeal against the acquittal under Section 378 CrPC in a case investigated by the CBI.

Cause Title: CBI v. Amit Aishwarya Jogi, SLP(CRL.) NO. 3037 OF 2012

Citation : 2025 LiveLaw (SC) 1069

Click here to download the judgment

Also From Judgment: Supreme Court Revives CBI's Appeal In Chhattisgarh High Court Against Acquittal Of Ex-CM Ajit Jogi's Son In Murder Case