State of Chhattisgarh v. Amit Aishwarya Jogi 2025 INSC 1305- CBI Investigation - Appeal By State Govt.
Code of Criminal Procedure, 1973- Sections 378 ; Delhi Special Police Establishment Act, 1946 - On correctness of decision in Lalu Prasad Yadav & Anr. v. State of Bihar - 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. (Para 25)
Code of Criminal Procedure, 1973- Section 372 -The right conferred upon a victim to prefer an appeal against an order of acquittal under the proviso to Section 372 of the CrPC arises only in respect of orders of acquittal passed after 31st December, 2009. (Para 28)
Case Info
Case Details
- Case name: State of Chhattisgarh v. Amit Aishwarya Jogi.
- Neutral citation: 2025 INSC 1285.
- Coram: Vikram Nath, Sanjay Karol, Sandeep Mehta, JJ.
- Judgment date: November 06, 2025.
Caselaws and citations
- Lalu Prasad Yadav & Anr. v. State of Bihar & Anr., (2010) 5 SCC 1.
- Mallikarjun Kodagali (Dead) through LRs v. State of Karnataka & Ors., (2019) 2 SCC 752.
Statutes / laws referred
- Code of Criminal Procedure, 1973: Sections 378(1), 378(2), 378(3), proviso to Section 372.
- Code of Criminal Procedure, 1898: Section 417.
- Indian Penal Code, 1860: Sections 302, 120-B, 341, 427, 324, 193, 218, read with Section 34.
- Arms Act, 1959: Sections 25, 27.
- Delhi Special Police Establishment Act, 1946 (referenced via “Delhi Special Police Establishment”).
#SupremeCourt refused to answer this interesting question in a judgment delivered today:
— CiteCase 🇮🇳 (@CiteCase) November 6, 2025
Can State Government independently file an appeal against acquittal in a case which was initially registered by the local police and later tried on the chargesheet filed by the CBI?
The… https://t.co/qLERMI11uo pic.twitter.com/nr3RuUGCGf
#SupremeCourt reiterated that the right conferred upon a victim to prefer an appeal against an order of acquittal under the proviso to Section 372 CrPC arises only in respect of orders of acquittal passed after 31st December, 2009. https://t.co/qLERMI11uo pic.twitter.com/TfRLSDUAEJ
— CiteCase 🇮🇳 (@CiteCase) November 6, 2025
