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2026 Supreme(Online)(Kar) 9992

THE HIGH COURT OF KARNATAKA
SACHIN SHANKAR MAGADUM
SRI SYED IRFAN PASHA – Appellant
Versus
THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE – Respondent
WP 8116/2026



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8116 OF 2026 (GM-POLICE)

BETWEEN:

1. SRI SYED IRFAN PASHA S/O. SYED GHOUSE AGED ABOUT 37 YEARS RESIDING AT 3RD CROSS, OPP. MAHAVEERA ENGLISH SCHOOL, KHB HOUSING BOARD, TUMKUR- 572 101.

…PETITIONER (BY SRI. MOHAMMED MUJASSIM., ADVOCATE)

AND:

1. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE Digitally signed by KARNATAKA STATE POLICE, SHARADAVANI B POLICE HEAD QUARTERS, Location: High Court of NRUPATHUNGA ROAD, Karnataka BENGALURU- 560001.

2. THE SUPERINTENDENT OF POLICE, SP OFFICE, ASHOKA NAGAR, B. H. ROAD, TUMAKURU- 572 103.

3. THE DEPUTY SUPERINTENDENT OF POLICE, SP OFFICE, ASHOKA NAGAR, B. H. ROAD, TUMAKURU 572 103.

4. THE STATION HOUSE OFFICER TUMKUR WOMEN POLICE STATION RING ROAD, SETTIHALLI, TUMKUR- 572101

5. THE STATION HOUSE OFFICER TILAK PARK POLICE STATION

130/8, 1ST CROSS ROAD, VINOBHA NAGAR, KARNATAKA HOUSING BOARD, JAYAPURA, TUMAKURU- 572 101

6. THE CHAIRPERSON KARNATAKA STATE HUMAN RIGHTS COMMISSION, 1ST 4TH FLOORS, 5TH PHASE, MULTI-STOREYED BUILDING, BANGALORE-560 001. 7. THE LOKAYUKTA MS BUILDING, DR. B.R. AMBEDKAR ROAD, AMBEDKAR VEEDHI, BENGALURU-560 001. 8. SMT. SHAHEENA W/O LATE IMTIYAZ AGED ABOUT 56 YEARS, RESIDING G.S.R. COLONY

2D CROSS, GUBBIGATE TUMAKURU TOWN - 572 101

9. SRI. SALMAN S/O LATE IMTIYAZ AGED NOT KNOWN, RESIDING G.S.R. COLONY

2ND CROSS, GUBBIGATE TUMAKURU TOWN - 572 101

10. SMT. HASEEBA BANU W/O. MOHAMED NAWAZ AGED ABOUT 41 YEARS RESIDING AT NO.42, G.C.R. COLONY

2ND CROSS, GUBBIGATE TUMAKURU TOWN - 572 101 11. SRI. MOHAMED NAWAZ S/O. MOHAMED FAKRUDIN AGED ABOUT 53 YEARS RESIDING AT NO.42, G.C.R. COLONY

2ND CROSS, GUBBIGATE TUMAKURU TOWN - 572 101

12. SMT. RUKSANA D/O. LATE IMTIYAZ RESIDING AT 3RD CROSS, P.G. LAYOUT, OPP. GOVT.

KANNADA SCHOOL.

TUMAKURU-572 101.

13. SRI. THOUSIF EHSAN S/O LATE HAMEED KHAN AGED ABOUT 41 YEARS, RESIDENT OF NANDEESH LAYOUT, BATAWADI, TUMKUR CITY- 572 103.

14. CENTRAL BUREAU OF INVESTIGATION ANTI-CORRUPTION BRANCH, GANGANAGAR, BELLARY ROAD, BANGALORE- 560032 …RESPONDENTS (BY SRI. K.P.YOGANNA, AGA FOR R1 TO R5., ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASHING ENDORSEMENT DATED 16.08.2025 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-A., AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The captioned petition is filed assailing the endorsement dated 16.08.2025, issued by respondent no.3. relegating the petitioner to lodge a complaint regarding the theft of gold and cash from his house while he was in judicial custody relating to the death of his wife, who had committed suicide and lodge a complaint in that regard.

2. Heard learned counsel appearing for the petitioner and learned AGA appearing for the State. Perused the records.

3. Perusal of the records indicates that the petitioner’s wife is alleged to have committed suicide and, pursuant to the same, the petitioner is facing criminal prosecution in Crime No.23/2025. The grievance of the petitioner is that though he was happily married and had no role in the unfortunate incident, when he voluntarily approached the police station to lodge a complaint against his wife’s relatives, he was taken into custody. The petitioner further alleges that during the period when he was in judicial custody, his wife’s relatives, in collusion with certain police officials, entered his rented premises and removed gold ornaments, cash and several household articles. It is also alleged that his two-wheeler was taken away and is presently in the custody of his brother-in-law, which according to the petitioner is substantiated by photographs produced at Annexure-H.

4. On a careful examination of the pleadings and the materials placed on record, this Court finds that the allegations made by the petitioner disclose commission of cognizable offen

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