State Rep By Inspector Of Police Central ... vs M Subrahmanyam

The Supreme Court held that the failure to file the authorisation order for investigation under Section 17 of the Prevention of Corruption Act, 1988, along with the charge-sheet constituted a procedural lapse, not a substantive issue. The Court clarified that since the earlier dismissal of the application under Section 242 Cr.P.C. was not on merits, the prosecution could subsequently invoke Section 173(2)(5)(a) Cr.P.C. to bring the authorisation on record. The appeal was allowed, emphasizing that procedural lapses should not impede the pursuit of justice.