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SC Split Verdict On Quashing FIR Against Chandrababu Naidu

On Tuesday, January 16, the Supreme Court forwarded to a larger bench the plea of former Chief Minister Chandrababu Naidu of Andhra Pradesh, asking for the first information report in the skill development scam case to be quashed.

On September 9, the state crime investigation agency detained Naidu. He was detained until the Andhra Pradesh High Court granted him temporary medical bail in October last year.

Later, a one-judge bench granted him regular bail. Judges Aniruddha Bose and Bela M. Trivedi, who heard Naidu’s special leave petition contesting a high court order dated September 22 that refused to nullify a first information report (FIR) charging the former chief minister as a participant in the scam.

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The judges rendered two different rulings. Judge Bose held that for an inquiry to be lawful, prior sanction—as defined by Section 17A of the Prevention of Corruption Act, 1988—must be sought after the investigation becomes operational.

Due to the lack of prior clearance from the relevant authority, he concluded that Naidu could not have been prosecuted for crimes under Sections 13(1)(c), 13(1)(d), and 13(2) of the 1988 Act. He noted, however, that the State might now apply and receive the permission order. In addition, he refused to set aside the trial court’s authority to issue the remand order. “A lack of approval would only make part of the remand order non-est, Justice Bose said.

 

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