CBI CENTRAL BUREAU OF INVESTIGATION Vs. AMIT JOGI

JUDGEMENT

(1.) By this petition under Section 378 (3) of the Code of Criminal Procedure, 1973 (for short 'the Code') along with appeal under Section 378 (2) of the Code, the petitioner/Central Bureau of Investigation (for short 'the CBI') has prayed for grant of leave to appeal against the judgment of acquittal of respondent No.1, dated 31-5-2007 passed by the Special Judge under the Atrocities Act, Raipur in Sessions Trial No.329/2005, whereby the Special Judge while convicting some other accused persons has acquitted respondent No.1 of the charges under Sections 120B (1), 302 read with Section 34 and 427 read with Section 34 of the IPC.

(2.) Present petition has been filed on 3-5-2011 after 1,373 days of its limitation (wrongly calculated as 1,343 days by excluding ninety days instead of sixty days). The petitioner has filed application I.A.No.1 for condonation of delay in filing the petition supported by affidavit and documents.

(3.) As per I.A.No.1 for condonation of delay filed under Section 5 of the Limitation Act, the petitioner obtained consent for filing appeal from the Department of Personnel & Training on 21-12-2010 after judgment in the case of Lalu Prasad Yadav and another v. State of Bihar and another, 2010 5 SCC 1. Initially, the CBI had sent proposal vide its letter dated 7- 8-2007 to the Central Government for consent to file appeal. The Additional Solicitor General of India opined vide its opinion dated 15-10-2007 that this is fit case for filing appeal at the earliest. However, the Department of Legal Affairs advised in the light of appeal filed by the State Government and the complainant, that the object of challenging the order of trial may be achieved. Private party i.e. son of the deceased has also filed revision against the judgment of acquittal within the period of limitation in which the CBI has participated. After judgment in Lalu Prasad's case , the CBI again sought legal advice and obtained consent, thereafter, it has filed appeal and has prayed for condonation of delay in filing the petition on the aforesaid circumstances.