SC Revives CBI Appeal in Ex-CM Son Amit Jogi Acquittal, Dismisses State and Victim’s Petitions:

SC Revives CBI Appeal in Ex-CM Son Amit Jogi Acquittal, Dismisses State and Victim’s Petitions The case stemmed from the 2003 murder of National Congress Party leader Ramavatar Jaggi in Raipur, Chhattisgarh. Initially investigated by the state police, the case was later handed over to the Central Bureau of Investigation (CBI) following complaints of bias. The CBI filed a chargesheet alleging that Amit Aishwarya Jogi, son of then Chief Minister Ajit Jogi, had conspired with others to eliminate Jaggi. While 28 accused were convicted, the trial court acquitted Amit Jogi citing insufficient evidence. The State of Chhattisgarh, the CBI, and the victim’s son (de facto complainant) challenged the acquittal before the High Court. However, the High Court dismissed the State’s appeal as non-maintainable, citing the Supreme Court’s ruling in Lalu Prasad Yadav v. State of Bihar (2010) which held that only the Central Government may appeal in cases investigated by the CBI. The CBI’s appeal was dismissed for delay, and the victim’s appeal under Section 372 CrPC was held inapplicable to acquittals before December 2009. All parties approached the Supreme Court. [related id="39849 Main Issue: Whether the State Government can file an appeal against acquittal in a case initially investigated by state police but later taken over by the CBI and whether the High Court erred in dismissing the CBI’s delayed appeal outright. SC Decided: A three-judge Bench upheld the precedent in Lalu Prasad Yadav v. State of Bihar (2010) 5 SCC 1, affirming that only the Central Government can appeal against acquittal in cases investigated by the CBI under Section 378(2) CrPC. Thus, the appeal filed by the State of Chhattisgarh was declared non-maintainable. The Court, however, observed that in future cases involving joint or sequential investigations by both State and CBI, the issue may warrant reconsideration by a larger bench. While dismissing the appeals filed by the State and the victim, the Court condoned the CBI’s 1373-day delay in filing its appeal, citing the seriousness of the allegations and the need to avoid technical dismissals in sensitive cases. The matter was remanded to the Chhattisgarh High Court to decide the CBI’s application for leave to appeal on merits after hearing all parties, including the acquitted accused, State Government, and de facto complainant. To Read Full Judgment, Download PDF Given Below