HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13302 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. 1. Heard Ms. Durga Tiwari, learned counsel for the petitioner and Ms. Himkanya, learned Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for quashing of the order dated 27th December, 2022 on account of conviction in criminal case vide judgment of the trial judge in Sessions Trial No.- 216 of 2014 arising out of Case Crime No.- 758 of 2013 under Sections 498A, 304B, 120B of the erstwhile Indian Penal Code and 3/4 of Dowry of Prohibition Act. 3. It is argued by learned counsel for the petitioner that said judgment has been appealed against before this Court vide Criminal Appeal No.- 1332 of 2019 in which initially petitioner was granted bail but subsequently conviction order has also been stayed. He has also placed the order of Division Bench of this Court presided over by Hon'ble Siddharth,J., the operative portion of which has been reproduced hereunder: "The peculiar facts of this case are sufficient to constitute extraordinary circumstances for the appellant making him entitled to get stay of his conviction and sentence from this Court. The above noted application is allowed. Versus Counsel for Petitioner(s) : Durga Tiwari Counsel for Respondent(s) : C.S.C. Panjab Singh (Collection Peon) .....Petitioner(s) The State Of U.P. And 4 Others .....Respondent(s) The conviction and sentence of the appellant are hereby stayed during the pendency of this above noted appeal." 4. It is thus argued by learned counsel for the petitioner that since now conviction itself has been stayed and services of the petitioner has been terminated only on account of conviction of criminal case petitioner is entitled for reinstatement. 5. Learned Standing Counsel on the contrary submits that that even though conviction has been stayed, the criminal appeal is still pending and the judgment is only subject to appeal and the findings returned therein still holds good against the petitioner. 6. Having heard learned counsel for the respective parties and having perused the records, I find in the order impugned dated 26th June, 2024 that petitioner's services have been terminated only on account of his conviction in the criminal case arising out of Case Crime No.- 758 of 2013 under various sections of I.P.C. and Dowry of Prohibition Act and leading to the Sessions Trial No.- 216 of 2014. Now since conviction has been stayed, it would be in the fitness of the things and the ends of justice would also get served in the event petitioner's matter is directed to be reexamined by the competent authority, namely Sub-Divisional Magistrate, Amroha. 7. Learned Standing Counsel has also no objection in the event the matter is directed to be revisited by the authority, however, in accordance with law. 8. In view of the above, this petition stands disposed of with a direction to the petitioner to make a fresh representation along with certified copy of the order of this Court as well as the order of Division Bench passed in Criminal Appeal No.- 1331 of 2019 within a period of four weeks from today and in the event such representation is filed, Sub Divisional Magistrate, Amroha shall revisit his decision dated 26th June, 2024 by passing an order afresh without being influenced by the earlier decision taken by him rejecting the representation of the petitioner on 27th December, 2022. WRIA No. 13302 of 2025 2 9. Appropriate decision shall be taken by the competent authority, as directed herein above, within a maximum period of two months from the date of production of certified copy of this order. September 9, 2025 Atmesh WRIA No. 13302 of 2025 3 (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad