AJMAL vs ADDITIONAL SESSIONS JUDGE-IV, QUETTA Ss — 2022 PCrLJ 1659 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 PCrLJ 1659 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: PCRLJ
Parties: AJMAL vs ADDITIONAL SESSIONS JUDGE-IV, QUETTA Ss
Subject matter: Criminal
Provisions referred to: Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AJMAL VS ADDITIONAL SESSIONS JUDGE-IV, QUETTA Ss. 169 & 204---Penal Code (XLV of 1860), Ss. 302 & 365---Discharge--- Resummoning of accused---Jurisdiction---Petitioners were arrested for committing Qatl-i-amd and abduction who assailed their arrest warrants issued by Judicial Magistrate in same case in which they had already been discharged---Validity---Discharge order of petitioners was only amenable before Trial Court, which had taken cognizance of the case after submission of Challan---Judicial Magistrate was alien in all respects and did not have any jurisdiction to initially issue warrants of arrest and thereafter grant remand in police custody---Matter was already subjudice before Trial Court and Judicial Magistrate who issued warrants of arrest and thereafter granted remand of petitioners was not empowered to have passed any order in the matter--- High Court set aside warrants of arrest and orders issued by Judicial Magistrate---Constitutional petition was allowed accordingly. Head NotesCase Description

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