LexSTATE OF CHHATTISGARH versus AMIT AISHWARYA JOGI
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[2025] 11 S.C.R. 406 : 2025 INSC 1285 State of Chhattisgarh v. Amit Aishwarya Jogi (Criminal Appeal No. 1927 of 2014) 06 November 2025 [Vikram Nath, Sanjay Karol and Sandeep Mehta,* JJ.] Issue for Consideration Whether the three-Judge Bench judgment in the case of Lalu Prasad Yadav and Anr. v. State of Bihar and Anr. lays down the correct proposition of law, or whether the same requires reference to, and resolution by a larger bench. Headnotes† Position of Law – Case of Lalu Prasad Yadav and Anr. v. State of Bihar and Anr, 2010 INSC 188 : [2010] 4 SCR 334 – Whether a different view required: Held: No reason to take a different view. [Para 22] Penal Code, 1860 – ss.302, 341, 427, 120-B r/w. s.34 – Arms Act, 1959 – ss.25, 27 – Code of Criminal Procedure, 1973 – s.378 – Murder of a National Congress Party leader – The criminal miscellaneous petitions were preferred before the High Court assailing the common judgment and order dated 31.05.2007 passed by the Special Judge in Sessions Trial, whereby the trial Court, while convicting 28 accused persons, acquitted the accused (respondent-AJ) – The High Court relied upon the three-Judge Bench judgment of this Court in the case of Lalu Prasad Yadav and Anr. to hold that the leave to appeal application filed by the State was not maintainable in a case investigated by the CBI – Correctness: Held: On a threadbare perusal of the three-Judge Bench judgment in Lalu Prasad Yadav and Anr., applying the principles of statutory interpretation, the Bench held that the legislature has maintained a mutually exclusive division in the matter of appeal from a judgment and order of acquittal inasmuch as the competent authority to appeal from a judgment and order of acquittal in two types of cases * Author [2025] 11 S.C.R. 407 State of Chhattisgarh v. Amit Aishwarya Jogi referred to in sub-Section (2) of s.378 of the CrPC is the Central Government and the authority of the State Government in relation to such cases has been excluded – Indisputably, applying the ratio of the above judgment, the leave to appeal application filed by the State of Chhattisgarh would not be maintainable. [Paras 19, 20] Code of Criminal Procedure, 1973 – Appeal against acquittal – Murder of a National Congress Party leader – Respondent-AJ acquitted – The CBI also assailed the judgment and order dated 31.05.2007, passed by the trial Court acquitting the respondent-AJ, albeit with some delay – The application seeking condonation of delay and consequently, the CBI’s application seeking leave to appeal also stand rejected by the High Court vide order dated 12.09.2011: Held: In the present case, this Court feels that ends of justice will be served by condoning the delay occasioned in filing of the application seeking leave to appeal by the CBI and requiring the High Court to consider the said application filed by the CBI, on its own merits – Such a course of action would ensure that the challenge to the judgment of acquittal would be examined on merits by the High Court instead of a technical rejection – Though it is true that the CBI filed an application seeking leave to appeal after a significant delay of 1373 days, but it is equally true that the charges against the respondent-AJ were very grave, involving a conspiracy to murder a member of a rival political party – The judgment of acquittal was under challenge at the instance of the State Government and the de-facto-complainant and thus, the proceedings were still alive – Therefore, this Court is of the opinion that the High Court ought to have adopted a more liberal and pragmatic approach in dealing with CBI’s application seeking condonation of delay and should have examined application seeking leave to appeal applicable on its merits – The delay occasioned in filing the application for grant of leave to appeal by the CBI against the judgment and order of acquittal of the respondent-AJ is hereby condoned. [Paras 26, 30, 33] Code of Criminal Procedure, 1973 – Proviso to s.372 – Appeal against acquittal – Murder of a National Congress Party leader – Respondent-AJ acquitted – De-facto complainant sought to prefer an appeal under the proviso to s.372 of the CrPC – The High Court held the de-facto-complainant’s application seeking 408 [2025] 11 S.C.R. Supreme Court Reports to prefer an appeal under the proviso to s.372 of the CrPC, to be not maintainable: Held: This Court does not find any fault in the view tak
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