LALU PRASAD YADAV vs STATE OF BIHAR

The Supreme Court addressed the competence of the Bihar State Government to appeal against an acquittal 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 does not have the authority to file an appeal in such circumstances, as the appeal can only be initiated by the Central Government under the provisions of the Code. Consequently, the appeal filed by the Bihar Government was dismissed, affirming the acquittal of the accused under the Prevention of Corruption Act, 1988.