The Allahabad High Court has provided temporary relief to Mohammad Mohsin Khan, a Deputy Superintendent of Police (DSP) in Uttar Pradesh, by staying his suspension order. The suspension was based on allegations that Khan was in a sexual relationship with another woman while still legally married.

Khan challenged his suspension, arguing that the order was issued mechanically based on a recommendation from the Additional Director General of Police, without the state government independently applying its mind. His counsel argued that even if the allegations were true, they would not constitute "misconduct" under Rule 29(1) of the U.P. Government Servants Conduct Rules, 1956. They emphasized that while entering into a second marriage during the subsistence of the first is considered misconduct, simply maintaining a relationship with another woman does not fall under that definition.

Justice Karunesh Singh Pawar of the Allahabad High Court, after reviewing the case records and relevant rules, referenced previous judgments in V.N. Daipuria vs. State of U.P. and Others (2015) and Shahjahan Khan vs. State of U.P. and Others (2002). The court reiterated that merely having a relationship with another woman while still married does not amount to misconduct. Citing these precedents, the High Court stayed the suspension order until further notice. The court has requested the state government to submit a counter affidavit within four weeks, and has granted the petitioner two weeks thereafter to file a rejoinder. The next hearing on the matter is scheduled for July 28, 2025.

Khan is also facing an FIR (No. 570/2024) under Section 69 of the Bharatiya Nyaya Sanhita (BNS), which concerns sexual intercourse by employing deceitful means. This FIR was lodged by a scholar at IIT Kanpur who alleged that Khan, who was also pursuing criminology at the institute, sexually exploited her under the false promise of marriage. Khan had previously obtained an interim order from the High Court on December 19, 2024, staying the filing of the chargesheet in that case.

The High Court's decision to stay the suspension order was influenced by the argument that the suspension was based solely on the recommendation of the Additional Director General of Police, without independent evaluation by the state government. The court also considered the precedents set in previous cases, which established that merely living with a woman does not imply marriage and that an extramarital affair does not automatically constitute misconduct under the service rules.