NAVIN SINHA, J. - (1.) Leave granted.
(2.) The Inspector of Police, Central Bureau of Investigation, Vishakhapatnam, is aggrieved by order dated 06.08.2018 of the High Court, dismissing the application under Section 482, Cr.P.C. by the prosecution to bring on record the order passed by the Superintendent of Police, CBI, Visakhapatnam, under Section 17 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act'), authorising Sri V.K.C. Reddy, the then Deputy Superintendent of Police, CBI, Visakhapatnam, to investigate against the respondent, an Income Tax Officer, Visakhapatnam, pursuant to an F.I.R. lodged under Sections 13(2) read with 13(1)(c) of the Act on allegation for possessing moveable and immoveable properties disproportionate to the known sources of income.
(3.) Learned counsel for the appellant submits that the order of authorisation for investigation could not be filed along with the charge-sheet due to inadvertence. It was subsequently sought to be filed under Section 242 Cr.P.C. by Crl.M.P. No.26 of 2008 much prior to the commencement of the trial. The application was not rejected on merits but on the ground that no satisfactory explanation had been furnished for the delay in submission. Crl.M.P. No. 560 of 2013 was then filed afresh under Section 173(2) (5)(a), Cr.P.C. to bring the authorisation on record. It was erroneously dismissed applying the principles of res judicata even though there had been no adjudication on merits earlier. The truth and veracity of the authorisation was not in dispute. The interest of justice therefore required that the authorisation should have been allowed to be brought on record. The issue pertained only to a matter of procedure. Section 362 Cr.P.C. was wrongly relied upon by the trail judge. Reliance was placed on Central Bureau of Investigation vs. R.S. Pai and another, (2002) 5 SCC 82.;