Discharge

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.