cpc

lalu's 1st april in supreme court


Today, on 01/042010 in Lalu Prasad Yadav  v. State of Bihar, the Supreme Court held that in light of s. 378 CrPC, the State Government (of Bihar) had no competence to file an appeal from the judgment passed by Special Judge, CBI (AHD), Patna, acquitting the accused persons when the case was investigated by the Delhi Special Police Establishment (CBI)

 

It is pertinent to notice here that as per CBI, the central government after considering the conclusions and findings of the trial court took a conscious and considered decision that no ground whatsoever was made for filing an appeal against the judgment of the CBI Court.

 

On February 17, 2007 the state government, however, filed leave to appeal u/s 378 CrPC against the order of acquittal dated December 18, 2006 before the High Court of Judicature at Patna. Notices were issued to the accused as well as CBI and by them a preliminary objection was raised with regard to maintainability of appeal by the state government. Preliminary objection  was overruled by the single judge and against that order SLP was filed by the accused as well as the CBI.

 

            The Supreme court allowed both the appeals and held that appeal by the State Government in the High Court was not maintainable.

 

 
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Advocate

This order seems to have larger political ramifications as it gives more power to the CBI to act as per its objectives which is more often than not guided by the Central Govt

Another landmar kjudgement in this nature is passed on 17.02.2010  by the Constitution Bench of the Supreme Court whereby it is made clear that the High Court would not require the consent of the concerned State Govt while directing the CBI to make any investigation of an offence if  in a proceeding under Article 226 of the Constitution the High Court finds that the state invetgating agency is not doing its duty in impartial manner.

 
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manager

Thank U Sirs

 
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manager

[IHRO] SC allows filing of fresh petition

Wednesday, 31 March, 2010 7:31 AM

From:

"IHRO" <ihro.in@gmail.com>

To:

IHRO@yahoogroups.com

 

Bofors Case
SC allows filing of fresh petition
Legal Correspondent

New Delhi, March 30
The Supreme Court today allowed an advocate to withdraw his PIL in which he had sought a directive to the CBI not to allow Italian businessman Ottavio Quattrocchi, accused in the Bofors case, to operate his bank account.

The SC also asked him to file a fresh petition for taking other action against the accused.

Bench headed by Chief Justice KG Balakrishnan advised the petitioner, Ajay Agrawal, to withdraw the PIL as it had become infructuous after India had allowed the London bank account to be operated again by Quattrocchi for lack of evidence against him.

Agrawal, however, argued that bank account was not the only issue and the CBI was anxious to close the entire case against Quattrocchi. The Bench, which included Justices Deepak Verma and BS Chauhan, said he could file a fresh petition with the court for the purpose.

The CBI has filed an application with the Chief Metropolitan Magistrate court here seeking permission for closing the case against Quattrocchi. The matter is listed for hearing tomorrow.

 
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