- 1 - HC-KAR NC: 2025:KHC:47324 WP No. 2151 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE D K SINGH WRIT PETITION NO. 2151 OF 2023 (GM-POLICE) BETWEEN: 1. SMT. RIYAZ UNISA WIFE OF LATE CHAND PASHA, AGED ABOUT 66 YEARS, RESIDING AT NO. 188, WARD NO. 21, ASAR MOHALLA, NATRAJ BEEDI WORKS, SIRA TOWN-572 137, TUMAKURU DISTRICT. 2. SRI. DILDAR PASHA SON OF LATE CHAND PASHA, AGED ABOUT 46 YEARS, RESIDING AT NO. 188, WARD NO. 21, ASAR MOHALLA, NATRAJ BEEDI WORKS, SIRA TOWN-572 137, TUMAKURU DISTRICT. 3. SRI. AL HAJ IRSHAD PASHA SON OF LATE CHAND PASHA, AGED ABOUT 44 YEARS, RESIDING AT NO. 188, WARD NO. 21, ASAR MOHALLA, NATRAJ BEEDI WORKS, SIRA TOWN-572 137, TUMAKURU DISTRICT. 4. SRI. REHAN PASHA SON OF LATE CHAND PASHA, AGED ABOUT 37 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47324 WP No. 2151 of 2023 RESIDING AT NO. 188, WARD NO. 21, ASAR MOHALLA, NATRAJ BEEDI WORKS, SIRA TOWN-572 137, TUMAKURU DISTRICT. 5. SRI. IRFAN PASHA SON OF LATE CHAND PASHA, AGED ABOUT 40 YEARS, RESIDING AT NO. 188, WARD NO. 21, ASAR MOHALLA, NATRAJ BEEDI WORKS, SIRA TOWN-572 137, TUMAKURU DISTRICT. 6. SRI. PARVEEZ PASHA SON OF LATE CHAND PASHA, AGED ABOUT 36 YEARS, RESIDING AT NO. 188, WARD NO. 21, ASAR MOHALLA, NATRAJ BEEDI WORKS, SIRA TOWN-572 137, TUMAKURU DISTRICT. 7. SRI. ARIF PASHA SON OF LATE CHAND PASHA, AGED ABOUT 33 YEARS, RESIDING AT NO. 188, WARD NO. 21, ASAR MOHALLA, NATRAJ BEEDI WORKS, SIRA TOWN-572 137, TUMAKURU DISTRICT. 8. SRI. ASLAM PASHA SON OF LATE CHAND PASHA, AGED ABOUT 32 YEARS, RESIDING AT NO. 188, WARD NO. 21, ASAR MOHALLA, NATRAJ BEEDI WORKS, SIRA TOWN-572 137, TUMAKURU DISTRICT. …PETITIONERS (BY SRI. FAYAZ SAB B G., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:47324 WP No. 2151 of 2023 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE SUPERINTENDENT OF POLICE TUMAKURU DISTRICT, NEAR SREE SIDDAGANGA INSTITUTE OF TECHNOLOGY, TUMAKURU-572 102. 3. THE POLICE INSPECTOR SIRA TOWN, SIRA TALUK, TUMAKURU DISTRICT-572 137. 4. SRI. SYED MOHASEEN SON OF LATE SYED GHOUSE, AGED ABOUT 47 YEARS, RESIDING AT KHARADI MOHALLA, SIRA TOWN-572 137, TUMAKURU DISTRICT. 5. SRI. SYED MUBASHEER SON OF LATE SYED GHOUSE, AGED ABOUT 43 YEARS, RESIDING AT KHARADI MOHALLA, SIRA TOWN-572 137, TUMAKURU DISTRICT. …RESPONDENTS (BY SRI.M.N.SUDEV HEGDE, AGA FOR R1 TO R3 SRI S.DORERAJ, ADVOCATE FOR R4 & R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-2 AND 3 TO INITIATE STERN/STRINGENT ACTION AGAINST THE R-4 AND 5 WHO ARE ILLEGALLY TRYING TO DESTROY THE CRUCIAL MATERIAL EVIDENCE IN CRIME NO.267/2021 ON THE FILE OF PRL.CIVIL JUDGE (SR.DN) AND CJM COURT, SIRA, TUMAKURU DISTRICT, AS PER COMPLAINT DATED 19/01/2023, WHICH IS PRODUCED AND MARKED AS ANNEXURE-P AND ETC. - 4 - HC-KAR NC: 2025:KHC:47324 WP No. 2151 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH ORAL ORDER The present writ petition has been filed seeking the following prayers: i) TO ISSUE A WRIT OF MANDAMUS, in the nature of Order or Direction, directing the Respondent Nos.2 & 3 to initiate stern/stringent action against the Respondent Nos.4 & 5 who are illegally trying to destroy the crucial material evidence in Crime No.267/2021 on the file of Prl.Civil Judge (Sr.Dn) & CJM Court, Sira, Tumakuru District, as per Complaint dated 19.01.2023,which is produced and marked as ANNEXURE-P, in the interest of justice and equity. ii) TO, DIRECT, the Respondent Nos.2 & 3 to remove the fence and compound wall constructed/put up by the Respondent Nos.4 & 5 on the spot of the incident to destroy material evidence and to harm investigation process in Crime No.267/2021 on the file of Prl.Civil Judge (Sr.Dn.) & CJM Court, Sira, Tumakuru District, in the interest of justice and equity. iii) TO, GRANT, any such other relief/s as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of justice and equity." - 5 - HC-KAR NC: 2025:KHC:47324 WP No. 2151 of 2023 2. In effect the relief sought is for removal of the compound wall constructed by the private respondent Nos.4 and 5, it is well settled that in such a matter, a writ cannot be issued as prayed for. 3. The writ petition is only misconceived and is accordingly dismissed. Sd/- (D K SINGH) JUDGE VM List No.: 1 Sl No.: 3