VidhiSangh

Supreme Court of India · 06/11/2025

STATE OF CHHATTISGARH versus AMIT AISHWARYA JOGI

[2025] 11 S.C.R. 406 · 2025 INSC 1285

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Summary

A three-Judge Bench declined to reconsider Lalu Prasad Yadav v. State of Bihar (2010) 5 SCC 1, so the State's application for leave to appeal against the acquittal in a CBI-investigated murder case was not maintainable under Section 378 CrPC. The victim's son also had no right of appeal, because the acquittal predated the proviso to Section 372. Given the gravity of the charges, the Court condoned the CBI's delay of 1373 days and sent its leave application back to the High Court to be decided on merits.

Issues

  1. Whether Lalu Prasad Yadav v. State of Bihar, holding that the State Government cannot appeal against acquittal in cases covered by Section 378(2) CrPC, needs reconsideration by a larger Bench.
  2. Whether the State Government's application for leave to appeal was maintainable where the FIR was registered by State police and investigation was later transferred to the CBI at the State's request.
  3. Whether the de facto complainant could appeal under the proviso to Section 372 CrPC against an acquittal recorded before 31.12.2009.
  4. Whether the High Court should have condoned the CBI's delay in seeking leave to appeal against the acquittal.

Provisions considered

Held

Result

The CBI's appeal (from SLP (Crl.) No. 3037 of 2012) was allowed: delay condoned and its leave application remitted to the High Court for decision on merits, with the acquitted respondent, the State and the de facto complainant to be heard. The State's appeal (Criminal Appeal No. 1927 of 2014) and the de facto complainant's appeals were dismissed.

Judgment PDF: Supreme Court of India, [2025] 11 S.C.R. 406.