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 suit was pending

between the petitioner and his sister in O.S.No.2582/2020

and that even if the same is determined by the Civil Court

by any order entered under Order 7 Rule 11 of CPC, 1908,

it will have trappings of civil dispute; so contending, he

seeks dismissal of the writ petition. Shri Anil Kumar M.S.,

Police Inspector, Sadashivanagar Police Station & Smt.

Laxmi, Police Sub-Inspector, Cubbon Park Police Station

present before the Court show the records to couch the

version of learned AGA.

4.

Having heard the learned Senior Advocate

appearing for the petitioner and the learned AGA appearing

for the official respondents, this Court declines to grant

indulgence broadly agreeing with the submission made on

4

behalf of official respondents. There is force in the

vehement contention of learned AGA that whether a case

should be entrusted to a particular agency of investigation

or not, is essentially a matter lying in the domain of the

Executive in terms of Order 1770 of the Karnataka Police

Manual, vide LALITHA KUMARI VS. GOVT. OF UP (2014) 2

SCC

1,

no

repugnant

circumstances

having

been

demonstrated.

In the above circumstances, writ petition is disposed

off with the above observations, all contentions having been

kept open.

However, it is open to the petitioner to pursue the

representation in question if the 'B' report being objected to

as mentioned above is rejected by the Court below, after

hearing all the stakeholders.

No costs.

Sd/-

JUDGE

DS