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2022 Supreme(Online)(Kar) 49492

KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SMT. DAKSHAYANI A N – Appellant
Versus
STATE OF KARNATAKA – Respondent


The petitioner is knocking at the doors of Writ Court

with a prayer for issuance of a Writ of Mandamus to

respondent Nos.2 & 3 to transfer investigation of crime

No.135/2021 for the offences punishable under Sections

406, 420, 468, 506 r/w Section 34 of IPC, to the CID. There

is also an alternate prayer for a Writ of Mandamus to

consider his representation dated 29.01.2022 obviously for

the said purpose itself.

2.

After service of notice, the respondents having

entered appearance through the learned AGA, oppose the

writ petition contending that whether the investigation of an

offence should be entrusted to a particular agency or not, is

essentially the decision of Executive and therefore, Writ

Courts ordinarily do not grant indulgence; the AGA also

points out that the investigating agency having investigated

3

the subject offences, has filed the 'B' Report on 22.07.2022

and therefore, in the light of decision of the Apex Court

decision in MRS. RUPAN DEOL BAJAJ & ANR VS KANWAR

PAL SINGH GILL & ANR, 1995 SCC (6) 194, it is open to

the petitioner to make a 8protest petition9 to the Court in

which a 'B' Report is filed and thereby to contest the same.

3.

Learned AGA also adds that a

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