High CourtsDivision Bench(2021) 10 J&K CK 0041

Tafazul Hussain Parimoo And Another vs Union Territory Of J&K Th. NIA And Another

Jammu And Kashmir High Court · Decided on 5 October 2021

HON’BLE JUDGES
Pankaj Mithal, CJ · Rajnesh Oswal, J
CASE NUMBER
Criminal Appeal (S) No. 6 Of 2021

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Judgment

5 paragraphs · 228 words
1.

Heard Sh. Parvaiz Nazir, learned counsel appearing for the appellants and Sh. Vishal Sharma, learned Assistant Solicitor General of India appearing for the respondents.

2.

The appellants have filed this appeal on 04.03.2021 challenging the order dated 26.01.2021 passed by Special Judge NIA extending their remand for a period of 30 days upto 24.02.2021.

3.

Sh. Vishal Sharma, learned Assistant Solicitor General of India appearing for the respondents informs that before the expiry of the extended period of remand on 24.02.2021, fresh order of remand was passed and during the subsistence of said remand period, charge-sheet has also been submitted. Therefore, there is no purpose in adjudicating about the validity of the impugned order dated 26.01.2021 which has ceased to be operative or effective.

4.

The instant appeal was filed after the extended period of remand has already expired. At the time of filing of the appeal the impugned order of remand has outlived its utility.

5.

In view of the aforesaid facts and circumstances which are not disputed, as the instant appeal was filed after the extended period of remand has expired and after passing of a fresh order extending the remand period coupled with the fact that the charge-sheet has already been submitted, we are of the opinion that this appeal has outlived its utility and the same is directed to be consigned to records.