Prior approval under anti-corruption law is unnecessary where prima facie evidence shows demand of illegal gratification.

Section 17A of the Prevention of Corruption Act does not require prior approval when the allegations disclose a prima facie demand or attempt to accept illegal gratification, because such conduct is not a protected recommendation or decision taken in discharge of official functions. The proviso to Section 17A applies to undue-advantage cases, and prima facie electronic material, including video evidence, was treated as sufficient to bring the matter within that exception. The interpretation distinguishes bona fide official action from conduct that is ex facie criminal, so the challenge to the FIR on the ground of prior approval failed and the investigation was permitted to proceed.

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Issues: Whether prior approval under Section 17A of the Prevention of Corruption Act, 1988 was required before initiating preliminary enquiry, investigation, and registration of FIR against public servants where the allegation concerned demand of illegal gratification and there was prima facie electronic evidence.

Analysis: Section 17A bars enquiry, inquiry, or investigation only where the alleged offence is relatable to a recommendation made or decision taken by a public servant in discharge of official functions or duties. The first proviso creates an exception for cases involving accepting or attempting to accept undue advantage. On the facts, the allegations were supported by prima facie material, including video evidence, showing demand of bribe. The alleged conduct was therefore treated as falling within the proviso and not as protected official action requiring prior approval. The cited interpretation of Section 17A was also relied upon to distinguish bona fide official decisions from conduct that is ex facie criminal.

Conclusion: Prior approval under Section 17A was not required on the facts, and the challenge to the FIR failed.

Final Conclusion: The writ petitions were not maintainable on the pleaded ground and the impugned FIR was allowed to proceed.

Ratio Decidendi: The prior-approval bar under Section 17A does not apply where the allegations disclose a prima facie demand or attempt to accept illegal gratification, because such conduct is not protected discharge of official functions but falls within the statutory exception.

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