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Quash Petition under Section 17A of pc act


26-Dec-2025 (In Criminal Law)
​1filing a petition to quash FIR No. [Number], registered against me by cbi under sec 7,11. I am currently a public servant serving asThe primary ground for this request is the non-compliance with Section 17A of the Prevention of Corruption (Amendment) Act, 2018. Can I go to high court to quash fir. No arrest no recovery has been made.
Answers (5)

Answer #1
500 votes
Yes, you can approach the High Court under Section 482 CrPC seeking quashing of the FIR. Section 17A of the Prevention of Corruption Act, 1988 mandates prior approval of the competent authority before conducting any enquiry, inquiry, or investigation against a public servant for acts done in discharge of official duties. If such mandatory sanction was not obtained prior to registration of the FIR, it can be a strong ground for quashing. The fact that no arrest or recovery has been made does not cure the statutory defect. However, the High Court will examine whether the alleged acts fall within the scope of official duty and whether Section 17A is applicable based on facts of the case.
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Advocate Saylee Chaudhari

Adv. Saylee Chaudhari

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Answer #2
579 votes
Yes, you may approach the High Court under Section 482 CrPC to quash the FIR if Section 17A PC Act sanction was not obtained prior to enquiry/investigation. Absence of arrest or recovery strengthens the case.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #3
611 votes
Hello you can approach high court for quashing when you don’t have any specific allegation against you in FIR especially when no procedural part is missed while dealing with matter being public servant, the benefit of no recovery of evidence can be given to you while quashing FIR
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Advocate Harshad Garud

Adv. Harshad Garud

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Answer #4
593 votes
Quashing would depend on the allegations made against you and the evidence relied upon by the prosecution in the charge sheet. Furthermore, it also depends whether sanction under PC act and CrPC is obtained or not. Let me know few details and I can accordingly assist you.
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Advocate Tanay Mandot

Adv. Tanay Mandot

LawRatoMumbai | 5+ Answers
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Answer #5
887 votes
Yes. You can approach the High Court under Section 528 BNSS, 2023 to quash the FIR. If prior sanction under Section 17A PC Act was not obtained and the alleged acts relate to official duties, the FIR is liable to be quashed even if investigation has begun.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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