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Supreme Court of India 2019-05-07 allowed

State represented by Inspector of Police Central Bureau of Investigation vs M. Subrahmanyam

Bench: 2 — Navin Sinha

In Brief

The Supreme Court allowed the prosecution's appeal to bring the authorization order for investigation on record, which had been omitted from the original charge-sheet. The High Court had dismissed the application as procedurally flawed and barred by delay. The Court held that the omission was a procedural lapse only, not substantive, and that substantive justice in a corruption case must prevail over technical objections. The Court noted that the investigating agency's repeated delays raised questions about possible deliberate conduct and directed an inquiry into the circumstances.

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Prevention of Corruption Criminal Procedure Evidence Procedural Law Public Prosecutors

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