Court Upholds FIR Citing Petitioner's Criminal History and Unfounded Claims of Political Vendetta
In a significant legal proceeding, the Patna High Court, presided over by Justice Arun Kumar Jha, dismissed a writ petition filed by Naj Ahmad Khan, also known as Pappu Khan, seeking to quash an FIR registered against him. The FIR, pertaining to Kesariya P.S. Case No. 127 of 2026, was contested by Khan, citing allegations of political rivalry and mala fide intentions by the police.
The petitioner, represented by Advocate Mr. Dilip Kumar Roy, argued that the FIR was a result of political vendetta due to his active political involvement, including a previous run in the Assembly Elections. Khan alleged that the FIR was maliciously instituted, highlighting that a prior report falsely claimed he had no criminal antecedents, a claim which was later contradicted, revealing 23 previous cases against him.
The State's counsel countered these allegations by emphasizing Khan's extensive criminal history and the ongoing investigation, which has already yielded evidence of cognizable offences. The FIR details an incident where Khan allegedly incited a mob to assault a police party with weapons, an accusation supported by video and photographic evidence.
Justice Jha, referencing the landmark judgment in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, concluded that the petitioner's case did not meet the criteria for quashing an FIR. The court highlighted that the allegations, even if taken at face value, disclosed cognizable offences, and the claims of mala fide were unsubstantiated given the petitioner's criminal record and the circumstances.
The judgment reiterates the principle that FIRs cannot be quashed merely on allegations of mala fide intentions without substantive evidence. The court further observed that the petitioner, being the potential beneficiary of a false report regarding his criminal antecedents, failed to demonstrate a valid basis for his claims.
The dismissal of this petition underscores the judiciary's stance on maintaining due process and the thorough evaluation of claims of political bias in criminal proceedings.
Bottom line:-
Writ petition seeking quashing of FIR - Allegations of political rivalry and mala fide intentions by police - Long criminal history of petitioner considered - FIR not quashed as it discloses cognizable offences and does not fall under the guidelines laid down in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 126(2), 115(2), 191(2), 191(3), 190, 109, 132, 352, 351(2)
Naj Ahmad Khan @ Pappu Khan v. State of Bihar, (Patna) : Law Finder Doc id # 2933129
