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No sanction no probe: Why Kerala High Court quashed FIR against forest officer

Justice A Badharudeen allowed a plea filed by an assistant conservator of forests, and quashed an order passed by Special Judge (Vigilance), which had forwarded a private complaint for investigation.

3 min readNew DelhiUpdated: Jan 17, 2026 04:52 PM IST

Kerala High Court set aside the FIR registered by the Vigilance and Anti-Corruption Bureau (VACB) pursuant to that order. (Image generated using AI)

Observing that a special judge cannot direct investigation against a public servant without a valid sanction under the Prevention of Corruption Act, the Kerala High Court recently set aside a vigilance court order and the consequent FIR registered against a forest officer.

Justice A Badharudeen allowed a plea filed by an assistant conservator of forests, and quashed an order passed by the enquiry commissioner and special judge (vigilance), which had forwarded a private complaint for investigation under Section 156(3) of the Code of Criminal Procedure (CrPC).

The court also set aside the FIR registered by the Vigilance and Anti-Corruption Bureau (VACB) pursuant to that order.

Background

The petitioner was arraigned as accused after the special judge (vigilance) forwarded a complaint filed by the complainant for investigation to the Deputy Superintendent of Police, VACB, Ernakulam, under Section 156(3) of the CrPC for registering a crime.
The counsel for the petitioner approached the high court contending that the action against the petitioner was unsustainable as the law didn’t permit the said course of action.
He pointed out the decision of the court in Ajith Kumar M R v State of Kerala referring Anil Kumar v. M.K.Aiyappa contending that for forwarding a complaint under Section 156 of CrPC by a special judge sanction under Section 19 of the Prevention of Corruption Act, 1988 was necessary.
The special public prosecutor did not dispute this legal position. The counsel for the complainant argued that since the Special Judge already issued a direction to register FIR and FIR also was registered, interference of the court is not required.

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Critical Legal Requirement

Section 19

Prevention of Corruption Act, 1988 - Sanction Mandatory Before Investigation

Court Ruling

Justice A Badharudeen

Kerala High Court

Orders Quashed

Vigilance Court Order & VACB FIR Set Aside

Investigation Order Against Public Servant

Invalid

Without Prior Sanction

Beneficiary

Forest Officer

Assistant Conservator

Legal Precedents Reinforced

• Supreme Court: Anil Kumar v. M.K. Aiyappa

• Kerala HC: Ajith Kumar M.R. v. State of Kerala

• Complaint relegated to pre-cognizance stage for obtaining mandatory sanction

Express InfoGenIE

Findings

Referring to earlier rulings, including the Supreme Court’s decision in Anil Kumar v. M.K. Aiyappa and a recent Kerala High Court judgment in Ajith Kumar M.R. v. State of Kerala, which clarified that even at the pre-cognizance stage, a Special Judge cannot refer a complaint for investigation against a public servant without prior sanction.
Since the legal position is clear on the point that the Special Judge has no power to order an investigation under Section 156(3) of Cr.P.C, the special judge order and FIR registered pursuant to order are unsustainable in law and are liable to be set aside.
Original complaint relegated back to the pre-cognizance stage and granted liberty to the complainant to obtain the mandatory sanction from the competent authority under Section 19 of the Prevention of Corruption Act.
Special Judge directed to insist production of sanction to proceed further with the complaint and to proceed in accordance with law, on getting sanction as provided.

Ashish Shaji

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More