Krishna Mohan Mishra Vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

Krishna Mohan Mishra Vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to file a fresh representation before respondent no.3 (Superintendent of Police, Ghazipur) within two weeks, annexing the copy of the acquittal order and necessary papers and documents along with a certified copy of the order; respondent no.3 directed to take a decision most expeditiously, preferably within four weeks of filing, unless there is no legal impediment.

Issue for consideration

Whether, the petitioner having been acquitted in Case Crime No.108 of 1997, the respondents are bound to pay the final pension and other post-retiral benefits withheld by the impugned order dated 18.10.2022 passed during the pendency of that criminal case.

Court's answer

With the consent of counsel and in the interest of justice, the writ petition is disposed of finally, permitting the petitioner to move a fresh representation ventilating all grievances, annexing the copy of the acquittal order and necessary papers/documents, before respondent no.3 (Superintendent of Police, Ghazipur) within two weeks; on such a representation, respondent no.3 is directed to take a decision most expeditiously, preferably within four weeks of its filing, unless there is no legal impediment.

Ratio / Principle

The Court expressly did not adjudicate the case on merits; it is for respondent no.3 to pass orders after considering the relevant Rules as well as the facts of the case.

Detailed headnote1 paragraphs

Allahabad High Court (Prakash Padia, J.) disposed of a writ petition by Krishna Mohan Mishra challenging an order dated 18.10.2022 of the Superintendent of Police, Ghazipur, which, pending Case Crime No.108 of 1997 under Sections 392/342/427/504/506 I.P.C. (P.S. GRP Cantt, District Varanasi), released only the original pension along with admissible D.A. and withheld final pension and other post-retiral benefits. Counsel pointed to the petitioner's acquittal on 21.11.2023 by the Additional Chief Judicial Magistrate (Eastern Railway), Varanasi; the Standing Counsel stated that on production of the acquittal order a decision would be taken. With consent, the petition was disposed of finally with liberty to file a fresh representation before respondent no.3 within two weeks annexing the acquittal order and documents; respondent no.3 to decide most expeditiously, preferably within four weeks, unless there is no legal impediment. The Court clarified it had not adjudicated the case on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 6233 of 2026

Krishna Mohan Mishra

.....Petitioner(s)

	Versus
State Of U.P. And 3 Others		.....Respondent(s)
Counsel for Petitioner(s)	:	Mujib Ahmad Siddiqui
Counsel for Respondent(s)	:	C.S.C.

Court No. - 6

HON'BLE PRAKASH PADIA, J.

Order dated 18.10.2022 passed by the Superintendent of Police, Ghazipur/ Respondent No.3 is under challenge in the present writ petition.

By the aforesaid order, the petitioner was provided the original pension along-with admissible D.A. till the pendency of the criminal case being Case Crime No.108 of 1997 under Sections 392/ 342/ 427/ 504/ 506 I.P.C. P.S., GRP Cantt, District Varanasi.

It is argued that the petitioner has already been acquitted in the aforesaid case by the Additional Chief Judicial Magistrate (Eastern Railway), Varanasi vide order dated 21.11.2023. It is further argued that once the petitioner has already been acquitted in the aforesaid case respondents should make the payment of final pension and other post retiral benefits which were withheld by the order impugned pursuant to the pendency of the criminal case.

On the other hand, it is argued by the learned Standing Counsel that in case the petitioner will place the copy of the order of acquittal along-with other papers and documents before the Respondent No.3, he will take a decision in the matter, expeditiously.

Heard counsel for the parties.

With the consent of the counsel for the parties and also in the interest of justice, the present writ petition is disposed of finally permitting the petitioner to move a fresh representation ventilating all his grievances

WRIA No. 6233 of 2026

2

annexing the copy of the order of acquittal along-with necessary papers and documents before the respondent no.3 namely Superintendent of Police, Ghazipur within a period of two weeks from today along-with certified copy of this order. In case any such representation is filed by the petitioner before the respondent no.3 within the time indicated hereinabove, he is directed to take a decision in the matter most expeditiously and preferably within a period of four weeks from the date of filing of such representation by the petitioner before him, unless there is no legal impediment.

It is made clear that this Court has not adjudicated the case on merits. It is upon respondent no.3 to pass order after considering the relevant Rules as well as facts of the case.

(Prakash Padia,J.)

May 6, 2026

Swati

Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad