Trial court can’t direct probe agency to ensure sanction for prosecution of public servant is obtained: Allahabad HC

Allahabad High Court observed that a trial court cannot direct an investigating agency to ensure sanction for prosecution of a public servant, as it amounts to directing the competent sanctioning authority to grant sanction.

Justice Raj Beer Singh allowed a quashing petition filed by former Saharanpur district magistrate Pawan Kumar, challenging an order of the special judge, CBI, Ghaziabad refusing to accept a CBI closure report and directing the agency to obtain prosecution sanction against him.

The case involved alleged illegal renewal of 13 sand mining leases in Saharanpur; after investigation, the CBI filed a closure report concluding that allegations against Pawan Kumar could not be substantiated.

The special judge refused to accept the closure report and directed the CBI to obtain sanction for prosecuting Pawan Kumar under the Prevention of Corruption Act.

The High Court accepted the CBI closure report against Pawan Kumar, quashed the proceedings, and set aside the special judge's order.