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The Patna High Court has refused to quash an FIR registered against politician Naj Ahmad Khan alias Pappu Khan, holding that the allegations in the case disclose cognizable offences and that the plea of political rivalry, by itself, is not enough to invoke the Court's extraordinary jurisdiction. The Court observed that the case did not fall within the categories laid down by the Supreme Court for quashing criminal proceedings.
Background of the Case
The petition challenged the FIR in Kesariya P.S. Case No. 127 of 2026 and sought protection from coercive action. The petitioner argued that he was being falsely implicated due to political rivalry, pointing out that he had previously contested Assembly elections and that his wife was the Prakhand Pramukh of Kesariya. He claimed the FIR stemmed from another criminal case relating to an allegedly incorrect police verification report submitted during the processing of his application for a second firearm licence, and asserted that he had no role in preparing that report.
The State opposed the plea, submitting that the petitioner had multiple criminal antecedents and that the investigation was still underway. It contended that when the police visited the petitioner's residence in connection with the earlier case, they were allegedly attacked by the petitioner, co-accused persons and a mob, leading to registration of the present FIR.
Court's Observations
Justice Arun Kumar Jha noted that the FIR contained specific allegations that the police party was assaulted with lathis, wooden planks and iron rods after reaching the petitioner's residence during investigation. The Court also recorded that photographs and videos had reportedly been taken during the incident.
Rejecting the allegation of mala fide prosecution, the bench observed,
"Merely saying that the petitioner has no role in submission of such false report would not cut much ice."
It further held that if a false verification report had been prepared to show no criminal antecedents, the petitioner would have been its ultimate beneficiary.
The Court further relied on the principles laid down by the Supreme Court in State of Haryana v. Bhajan Lal regarding the limited circumstances in which an FIR can be quashed and found that the present case did not satisfy any of those categories.
Decision
Finding that the FIR disclosed cognizable offences and that no exceptional ground for interference had been established, the Patna High Court dismissed the writ petition and declined to quash Kesariya P.S. Case No. 127 of 2026.
Case Details:
Case Title: Naj Ahmad Khan @ Pappu Khan v. State of Bihar & Ors.
Case Number: Criminal Writ Jurisdiction Case No. 851 of 2026
Judge: Justice Arun Kumar Jha
Decision Date: 19 June 2026
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