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TMI Blog2019 (11) TMI 1134X X X X Extracts X X X X X X X X Extracts X X X X ..... ttempting or accepting any undue personal advantage for himself or for any other person. In such an event, Section 17A of the PC Act relating to obtaining prior approval of the competent Authority before initiating any proceeding against public servant may not require. Therefore, petitioners contention that there is non-compliance of Section 17A of PC Act is not tenable having regard to the fact that there is prima facie material evidence relating to demand of bribe of Rs.ten lakhs - Hence, question of obtaining prior approval under Section 17A of the PC Act is not warranted in view of first proviso. Petition dismissed. - W.P Nos.16481-16482/2019 c/w W.P Nos.16508-16526/2019 (GM-RES) - - - Dated:- 5-11-2019 - MR. P.B. BAJANTHR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rated on 26.7.2018. That before enquiry is commenced approval of competent authority was required and it has not been taken in other words before filing FIR and holding of preliminary enquiry/investigation. 4. On the other hand, learned counsel for the respondents submitted that filing of FIR dated 10.4.2019 is pursuant to the judicial pronouncement in WP No.54770/2018 disposed of on 12.3.2019. Feeling aggrieved by the order dated 12.3.2019, petitioners stated to have preferred writ appeal and consequently it was withdrawn. Thus, the 1st respondent proceeded to hold preliminary enquiry/investigation and initiated filing of FIR on 10.4.2019. It was further contended that Section 17A of the PC Act has been interpreted by the Delhi Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority competent to remove him from his office, at the time when the offence was alleged to have been committed: Provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person: Provided further that the concerned authority shall convey its decision under this section within a period of three months, which may, for reasons to be recorded in writing by such authority, be extended by a further period of one month. 8. In the aforesaid Section proviso is required to be examined. Undisputedly there is prima facie material relating to demand of a sum of Rs.ten lakhs th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns both outside as well as inside the country, to substantiate his allegation that monies have been extorted from him through treat, on the promise that he will ultimately be let off only when he gives the monies. The web of these conversation, electronic messages and transfer of monies seek to cover or involve the public servants in the alleged transaction. Whether the petitioners are at all complicit, as alleged, would be revealed only in further investigation. However, the alleged promise to the complainant to ultimately giving him relief in RC 2017 and/or investigating officer ceasing to all him for further investigations, cannot be said to be in the discharge of official functions or duties of the public servant (Investigating Officer) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complaint of a stranger. Section 17A as it reads and the legislative intent in its enactment can only be to protect public servants in the bonafide discharge of official functions or duties. However, when the act of a public servant is ex-facie criminal or constitutes an offence, prior approval of the Government would not be necessary. 9. Having regard to the Proviso to Section 17A of the PC Act read with decision of the Delhi High Court, petitioners have not made out a case so as to interfere with FIR dated 10.4.2019. Accordingly, writ petitions stand dismissed. Interim protection, that the 1st respondent shall not take any precipitative action in so far as petitioners ordered on 16.4.2019 stands vacat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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