Supreme Court of India · 2010-04-01
Lalu Prasad Yadav & Anr vs State Of Bihar & Anr
- Citation / case number
- AIR 2010 SUPREME COURT 1561
- Court
- Supreme Court of India
- Petitioner
- Lalu Prasad Yadav & Anr
- Respondent
- State Of Bihar & Anr
- Author
- R.M. Lodha
- Bench
- K.G. Balakrishnan, R.M. Lodha, B.S. Chauhan
Judgment text excerpt
The Supreme Court addressed the competence of the State Government of Bihar to appeal against an acquittal order under Section 378 of the Code of Criminal Procedure, 1973, specifically in cases investigated by the Delhi Special Police Establishment. The Court held that the State Government lacks the authority to file such an appeal when the investigation was conducted by the CBI, as per the provisions of the 1973 Code. Consequently, the appeal filed by the State Government was dismissed, affirming the acquittal of the accused persons, Lalu Prasad Yadav and Rabri Devi, under the Prevention of Corruption Act, 1988.