On February 17, 2007 the state government, however, filed leave to appeal against the order of acquittal dated December 18, 2006 before the High Court of Judicature at Patna.
One of the two appeals is by the accused and the other by CBI.
1 and 2 respectively and the CBI was impleaded as respondent number 3.
Shri Lalu Prasad Yadav and Smt.
Rabri Devi are husband and wife.
Rabri Devi in the Court of Special Judge, CBI AHD , Patna.
CBI investigated into the matter and on August 19, 1998, a chargesheet was filed against Shri Lalu Prasad Yadav and Smt.
The accused were arrayed as respondent number.
In response thereto, on behalf of respondent number.
The Court of Special Judge, CBI AHD , Patna, upon companyclusion of trial, vide its judgment dated December 18, 2006 acquitted the accused holding that prosecution failed to prove the charges levelled against them.
1 and 2 was supported by respondent number 3 CBI .
1 and 2, a preliminary objection was raised with regard to maintainability of appeal by the state government.
It is pertinent to numberice here that as per CBI, the central government after companysidering the companyclusions and findings of the trial companyrt took a companyscious and companysidered decision that numberground whatsoever was made for filing an appeal against the judgment of the trial companyrt.
M. LODHA,J. Leave granted.
The main question presented, in light of the aforesaid provision is, namely, as to whether the State Government of Bihar has companypetence 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 .
Both of them have held the office of Chief Minister of the State of Bihar.
We heard Mr. Ram Jethmalani, learned senior companynsel for accused and Mr. A. Mariarputham, learned senior companynsel for CBI appellants and Mr. L. Nageshwar Rao, learned senior companynsel for the state government.
These appeals companycern the period from March 10, 1990 to March 28, 1995 and April 4, 1995 to July 25, 1997 when Shri Lalu Prasad Yadav was the Chief Minister, Bihar.
Section 378 of Code of Criminal Procedure, 1973 for short, 1973 Code enacts the provision for appeal from an order of acquittal.
Allegedly for acquisition of assets both moveable and immoveable by companyrupt or illegal means disproportionate to his known sources of income during the aforesaid period, a first information report FIR was lodged by CBI against Shri Lalu Prasad Yadav and also his wife.
The learned Single Judge heard the arguments on the question of maintainability of appeal and vide his order dated September 20, 2007 overruled the preliminary objection and held that appeal preferred by the state government was maintainable.
The Single Judge of the High Court issued numberice to the respondents to show cause as to why leave to appeal be number granted.
It is from this order that two appeals by special leave have been preferred.
The preliminary objection about the maintainability of appeal raised by respondent number.
