Nitesh Kumar Dhiman vs State Of H.P And Others

Sandeep Sharma, J

By way of instant petition filed under Art. 227 of the Constitution of India, challenge has been laid to order dated 18.2.2021 passed by learned Additional Chief Judicial Magistrate, Kangra, whereby an application having been filed by respondent No.1/accused for release of his passport, has been allowed.

Having regard to the nature of controversy inter se parties, this court made sincere efforts for amicable settlement between the parties. Though initially the parties agreed to live together, but unfortunately after having lived together for some, they again started living separately. Learned counsel for the parties on instructions state that there is no possibility of amicable settlement inter se them.

Today, learned counsel for respondent No.1/accused, while inviting attention of this court to order, Annexure P -1, contends that since passport was ordered to be released in favour of the respondent No.1 for six months, order impugned in the instant petition has lost it efficacy and present petition has become infructuous..

Having perused order dated 24.6.2021, this court finds merit in the submission of learned counsel for the respondent No.2/ accused, perusal of which shows that learned court below, while allowing application for release of passport permitted the respondent No. 2 to travel to London for six months from the date of passing of order dated 24.6.2021. Passport of respondent No.2/accused was ordered to be released on furnishing Sapurdari bonds of Rs. 1.00 Lakh with two local sureties in the same amount, on following conditions:

(i) That accused/applicant will attend the court/trial on each and every date of hearing; and

(ii) That He will produce his passport before the court as and when directed to do so.

Since respondent No.2/accused was only permitted to travel abroad for six months and that period has expired, aforesaid order has lost its efficacy. Now admittedly fresh permission is required to be obtained by the respondent No.2 from the court below for traveling abroad, but since the order dated 24.6.2021 which is impugned in this petition, has lost its efficacy as such, present petition has also become infructuous and same is disposed of accordingly.

Petition stands disposed of in the afore terms, alongwith all pending applications. Interim directions, if any, stand vacated.