Authorisation to Investigate under Prevention of Corruption Act

Authorisation to investigate u/s 17 of PC Act:

The truth and veracity of the authorisation order not being in issue, the failure to file it along with the charge­sheet was an omission constituting a procedural lapse only. The rejection of the first application on 11.03.2008 not having been ordered on merits, but for failure to furnish a satisfactory explanation for the delay, Section 362 Cr.P.C has no relevance on facts. We are, therefore, of the opinion that there was no impediment in the appellant seeking to bring the same on record subsequently under Section 173(2)(5)(a) of the Code. The consequences of disallowing the procedural lapse were substantive in nature.

Failure to produce authorisation alongwith chargesheet:

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