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SC refuses to quash FIR against Naidu, but split on application of PC Act

AmitAnand.Choudhary
New Delhi: Supreme Court on Tuesday refused to quash FIR and criminal proceedings against former Andhra Pradesh chief minister N Chandrababu Naidu in the skill development corporation case with respect to charges levelled under Indian Penal Code, but a division bench disagreed over his prosecution under Prevention of Corruption Act.
Justices Aniruddha Bose and Bela M Trivedi were divided in their interpretation of Section 17A of PC Act, which mandates that sanction is to be taken from competent authority for starting proceedings against a public servant. The point of contention arose as the alleged scam took place in 2017 but Section 17A was introduced in July 2018 and the question was whether the provision would be applicable in this case.

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