CBI Appeal Allowed Due to Serious Allegations Despite Delay in Filing: Chhattisgarh HC

Central Bureau of Investigation Vs Amit Jogi (Chhattisgarh High Court)

The present matter arises from a Criminal Miscellaneous Petition filed under Section 378(3) of the Code of Criminal Procedure, 1973, seeking leave to appeal against an order of acquittal dated 31.05.2007 passed by the Additional Sessions Judge, Raipur. While several co-accused were convicted for serious offences, including those punishable with life imprisonment, the respondent was acquitted. The petitioner contended that sufficient material existed on record, including evidence of criminal conspiracy, and that the acquittal was erroneous.

Read SC Judgment in this case: Supreme Court Stays High Court Conviction Due to Pending Legal Challenge

The case background reveals that the investigation was initially conducted by the State Police and later transferred to the Central Bureau of Investigation (CBI). Parallel proceedings were initiated by the State Government and the de facto complainant challenging the acquittal. The matter reached the Supreme Court, which delivered a detailed judgment dated 06.11.2025 examining the scope of Section 378 CrPC concerning appeals against acquittal.

The Supreme Court reiterated that appeals against acquittal in cases investigated by central agencies such as the CBI fall exclusively within the jurisdiction of the Central Government, thereby excluding the State Government’s authority in such matters. Relying on the precedent in Lalu Prasad Yadav v. State of Bihar, the Court emphasized that Section 378 creates a mutually exclusive framework, distinguishing between cases where appeals can be filed by the State Government and those reserved for the Central Government. Consequently, the appeal filed by the State of Chhattisgarh was held to be not maintainable.