Lalu Prasad Yadav & Anr Vs. State of Bihar & Anr

Hon’ble Supreme Court of India on 01.04.2010 abot appeal against acquittal in crpc observed, “Legislature has maintained a mutually exclusive division in the matter of appeal from an order of acquittal inasmuch as the competent authority to appeal from an order of acquittal in two types of cases referred to in sub-section
2) is the central government and the authority of the state government in relation to such cases has been excluded. As a necessary corollary, it has to be held, and we hold, that the State Government (of Bihar) is not competent to direct its public prosecutor to present appeal”