Supreme Court · 2010 INSC 188 · Decided 1 April 2010
Lalu Prasad Yadav v. State of Bihar & ANR.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 188 · [2010] 4 S.C.R. 334
- Case number
- CRIMINAL APPEAL No. 662/2010
- Decided
- 1 April 2010
- Bench
- K.G. BALAKRISHNAN, RAJENDRA MAL LODHA, B.S. CHAUHAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 378(1), 417, 378(2), 377, 378
Headnote
Code of Criminal Procedure, 1973 - s. 378(1) and (2) - C Appeal against acquittal - Right of State Government to file -· In a case where offence was investigated by Delhi Special Police Establishment (CBI) - Held: State Government is not the competent authority to file an appeal against - The opening words of s. 378(1) "save as o otherwise provided in sub-section (2)" are intended to exclude the class of cases, mentioned in sub-section (2) out of the operation of the body of Sub-section (1) - Delhi Special Police Establishment Act, 1946 - Code of Criminal Procedure,
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