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Competent Authority to refer the case to CBI for investigation


19-Dec-2023 (In Criminal Law)
Can the Competent authority who filed the complaint with CBI issue previous approval letter as well under Section 17 A of PC Act. To My understanding application of Mind by the Competent authority is required to issue Previous approval under Section 17 A . Since both the complaint and Previous approval are issued by the same authority, application of mind does not fit in and will it help me quashing the FIR. Further who is the competent authority to refer the case to CBI in Central Govt. office
Answers (1)

Answer #1
720 votes
Dear Sir, Yes, such approval for prosecution has to be made by some other higher authority when competent authority and complainant are one and the same. If you engage a Senior Counsel in High Court you may get quashing of FIR very easily. There is technical flaw which cannot be cured.
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