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Previous approval under Section 17A of PC ACT


19-Dec-2023 (In Criminal Law)
Sir, The competent authority complained against me to CBI on 29.11.2021 and submitted Previous approval under Section 17 A to the CBI and requested to investigate the case. the place of posting is also wrongly mentioned in the approval letter. To my understanding CBI has to seek approval and thereafter the competent authority should issue approval letter under Section 17 A. Please let me know if this helps me in Quashing of FIR under Section 482 or not.
Answers (1)

Answer #1
646 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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