LALU PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) Section 378 of Code of Criminal Procedure, 1973 (for short, '1973 Code') enacts the provision for appeal from an order of acquittal. The said provision as it existed prior to 2005 amendment reads:

(3.) The main question presented, in light of the aforesaid provision is, namely, as to whether the State Government (of Bihar) has competence to file an appeal from the judgment dated 18th December, 2006 passed by Special Judge, CBI (AHD), Patna, acquitting the accused persons when the case has been investigated by the Delhi Special Police Establishment (CBI).