CAV ORDER

Both these petitions call in question a solitary order dated 04-12-2024 passed by the Judicial Magistrate First Class (III Court) Mangalore, by which the Court rejects the requisition of the prosecution for grant of Police custody of the accused. Writ Petition No.33526 of 2024 is preferred by the complainant and Criminal Petition No. 13459 of 2024 is preferred by the State.

3. Facts, in brief, germane are as follows:-

4. The learned senior counsel Sri P.P.Hegde, appearing for the complainant and the Additional State Public Prosecutor for the State would vehemently contend that the punishment imposable in the case at hand for an offence of abetment to suicide is ten years. Section 187 of BNS S, which is akin to Section 167 of the earlier regime Cr.P.C., would clearly permit investigation in an offence punishable with ten years or more to 90 days. The period for filing the charge sheet is 90 days and under Section 187 of the BNS if the period of i