Archive · 27 Jul 2026
Allahabad HC Rules Trial Courts Can't Direct CBI on Sanction
The Allahabad High Court has ruled that trial courts cannot direct the CBI to obtain sanction for prosecuting public servants.
This decision came in a case involving Pawan Kumar, a former District Magistrate of Saharanpur, who was accused of illegally renewing sand mining leases.
The CBI had filed a closure report stating no evidence was found against Kumar.
However, the trial court refused to accept the report and directed the CBI to seek prosecution sanction.
Kumar challenged this order, arguing he was following government directives and had no independent role.
The High Court accepted Kumar's petition, quashed the proceedings, and accepted the CBI's closure report, stating that the trial court's direction was against the law.
Allahabad High Court ruled that trial courts cannot direct CBI to obtain sanction for prosecuting public servants.
The court accepted the CBI's closure report and quashed the proceedings against Pawan Kumar.
Pawan Kumar, a former DM of Saharanpur, was accused of illegally renewing sand mining leases.
The trial court had directed the CBI to seek prosecution sanction against Kumar, which he challenged.
Kumar argued he was following government directives and had no independent role in the lease renewals.
- Who
- Pawan Kumar, former DM Saharanpur and current Director in the Department of Rural Development
- What
- Allahabad High Court ruled that trial courts cannot direct CBI to obtain sanction for prosecuting public servants
- When
- July 27
- Where
- Allahabad High Court, Prayagraj
- Why
- To challenge an order refusing to accept a CBI closure report and directing CBI to obtain prosecution sanction against him
Pawan Kumar's Defense
CBI's Position
Role in Sand Mining Leases
Pawan Kumar's Defense
Pawan Kumar acted on government directions and had no independent role in lease renewals.
CBI's Position
CBI argued that the petition was premature as Kumar had not been summoned.
- Petitioner
- Pawan Kumar
- Position
- Former DM Saharanpur, Current Director, Department of Rural Development
- Case Involving
- Alleged illegal renewal of sand mining leases
- Year FIR Registered
- 2016
- Court's Decision
- Quashed proceedings, accepted CBI closure report
- Legal Basis
- Section 482 CrPC