Supreme Court rules State Government cannot file appeal against acquittal in cases investigated by CBI - only Central Government has authority under Section 378 CrPC
IF A STATE GOVERNMENT TRANSFERS A CRIMINAL CASE TO CBI FOR INVESTIGATION, AND THE CBI FILES THE CHARGESHEET, CAN THE STATE GOVERNMENT STILL FILE AN APPEAL AGAINST ACQUITTAL OF THE ACCUSED?
NO, THE STATE GOVERNMENT CANNOT FILE AN APPEAL. The Supreme Court has reaffirmed that when a case is investigated by the CBI (Delhi Special Police Establishment), only the Central Government has the authority to file an appeal against acquittal under Section 378(2) of the CrPC. The State Government's right to appeal under Section 378(1) is specifically excluded for CBI-investigated cases.
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| Legal Argument | Basis in Law | Application in Your Case |
|---|---|---|
| Mutually Exclusive Jurisdiction | Section 378(1) & (2) CrPC | State appeal not maintainable in CBI-investigated cases |
| Legislative Intent | "Save as otherwise provided" clause | Specific exclusion of State rights in central agency cases |
| Victim's Limited Rights | Section 372 proviso CrPC | No retrospective application for pre-2009 acquittals |
| Delay Condonation | Court's inherent powers | Grave cases may justify condoning procedural delays |
Criminal Procedure Code provision governing appeals against acquittal - divided between State and Central Government jurisdiction.
Permission required from High Court to file appeal against acquittal - procedural safeguard against frivolous appeals.
Person who is actually aggrieved by the offence, distinct from formal complainant in the FIR.
Central Bureau of Investigation constituted under Delhi Special Police Establishment Act, 1946 - central investigating agency.
Legal principle where two categories don't overlap - State and Central appeal rights under Section 378 are mutually exclusive.
"The legislature has maintained a mutually exclusive division in the matter of appeal from an order of acquittal inasmuch as the competent authority to appeal from an order of acquittal in two types of cases referred to in sub-section (2) is the Central Government and the authority of the State Government in relation to such cases has been excluded..."
This judgment reinforces the clear statutory division of appeal rights between State and Central Governments. It ensures that when the Central Government through its agencies like CBI takes over investigation and prosecution, the corresponding appeal rights also vest exclusively with the Central Government. However, the Court also demonstrated flexibility by condoning the CBI's significant delay to ensure that grave allegations of political conspiracy and murder are examined on merits rather than technicalities.
This content is for informational purposes only and does not constitute legal advice. Consult a qualified legal professional for specific legal guidance. The information provided is based on judicial interpretation and may be subject to changes in law.
Making Supreme Court judgments accessible and actionable for every Indian citizen navigating legal challenges.
This roadmap decodes a complex criminal procedure judgment to help citizens and legal professionals understand the division of appeal rights between State and Central Governments in CBI-investigated cases. It clarifies when technical procedural rules may be relaxed to ensure substantive justice in grave criminal matters.