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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