The High Court must examine applications for leave to appeal against acquittal on their merits in grave cases, ensuring adherence to Supreme Court mandates, particularly regarding the exclusive authority of the Central Government to appeal in CBI-investigated cases and necessary impleadment of interested parties.

Order on Board

Per Ramesh Sinha, Chief Justice

25.03.2026

1. Heard Mr. Vaibhav A. Goverdhan, learned counsel for the petitioner. Also heard Mr. Shailendra Shukla, learned counsel appearing for respondent No.1 and Dr. Saurabh Pande, learned counsel appearing on behalf of the State/respondent No.2.

2. The present Criminal Miscellaneous Petition has been filed under Section 378 (3) of the Code of Criminal Procedure, 1973, seeking leave to appeal against the judgment and order of acquittal dated 31.05.2007 passed by the learned Additional Sessions Judge, Raipur, Chhattisgarh, by which the learned Trial Court, while convicting as many as 19 co-accused persons for offences including those punishable with life imprisonment and awarding sentences under various provisions of law, has acquitted respondent No.1 of all the charges. It is the grievance of the petitioner that despite there being sufficient material on record, including evidence pertaining to criminal conspiracy in which other co-accused have been held guilty, the learned Trial Court has erred in extending the benefit of doubt to respondent No.1, thereby resulting in a manifest miscarriage of justice and warranting interference by this Court.

3. It has been brought to the notice of this Court that the State of Chhattisgarh had preferred Criminal Appeal No.1927 of 2014 along with connected matters before the Hon’ble Apex Court, assailing the orders dated 18.08.2011 passed in CRMP No.137/2008, 12.09.2011 passed in CRMP No.495/2011 and 19.09.2011 passed in CRMP No.434/2007. The Hon’ble Apex Court, after affording due opportunity of hearing to the parties, and upon a comprehensive consideration of the rival submissions as well as the material available on record, has rendered its authoritative judgment dated 06.11.2025. In the said judgment, the Hon’ble Apex Court has elaborately examined the statutory framework governing appeals against acquittal, particularly the scope and ambit of Section 378 of the Code of Criminal Procedure, 1973, in light of the earlier three-Judge Bench decision in Lalu Prasad Yadav and Anr. v. State of Bihar and Anr. , (2010) 5 SCC 1. The Hon’ble Apex Court has reiterated the principle that the power to prefer an appeal against acquittal in cases investigated by the Delhi Special Police Establishment (CBI) or other central agencies vests exclusively with the Central Government, thereby excluding the jurisdiction of the State Government in such matters.

4. The Hon’ble Apex Court has further taken note of the peculiar factual matrix of the present case, wherein initially the investigation was carried out by the State Police and was subsequently entrusted to the CBI. While leaving certain larger questions of law open for consideration in an appropriate case, the Hon’ble Apex Court, in the interest of justice, has condoned the delay in filing the application for leave to appeal by the CBI and has directed that the said application be considered on its own merits by the High Court. Importantly, the Hon’ble Apex Court has also mandated that the de facto complainant as well as the State of Chhattisgarh be impleaded as party respondents in the said proceedings and be afforded an opportunity of hearing. The matters were accordingly remitted to this Court for fresh consideration in accordance with law. Relevant portion of order, reads as follows :-

“DISCUSSION AND CONCLUSION

17. We have given our thoughtful consideration to the submissions advanced at bar and have carefully gone through the impugned orders. We have also given our respectful consideration to the three-Judge Bench judgment of this Court in the case of Lalu Prasad Yadav and Anr. (supra).

18. On a threadbare perusal of the three-Judge Bench judgment in Lalu Prasad Yadav and Anr. (