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.

2. Heard Sri P.P. Hegde, learned senior counsel appearing for the petitioner in the writ petition No.33526 of 2024; Sri B N Jagadeesha, learned Additional State Public Prosecutor appearing for petitioner in Criminal Petition No.13459 of 2024 and for respondent No.1 in writ petition No.33526 of 2024; Sri B. Lethif, learned counsel appearing for respondents 2 and 4 in writ petition and respondents 1 and 3 in Criminal Petition and Sri Hasmath Pasha, learned senior counsel appearing for respondent No.3 in Writ Petition and respondent No.2 in Criminal Petition.

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

On 06-10-2024 brother of the original complainant one B.M.Mumtaz Ali dies leading to registration of crime in Crime No.150 of 2024 for offences punishable under Sections 190, 308(2), 308(5), 351(2) and 352 of B