CRIMINAL MISCELLANEOUS No.6323 OF 2001 In the matter of an application under Section 482 of the Code of Criminal Procedure --------- 1. Kameshwar Pandit ,S/O Ramashish Pandit 2. Amiri Choudhary, S/O Ram Narain Choudhary 3. Upendra Sah, S/O Bhanu Sah, All residents of Piparia, Police Station Malangwa, District- Salorhi( Nepal) ------------ Petitioners Versus THE STATE OF BIHAR ---------- For the petitioners: Sri D.N.Tiwary, Advocate For the State: Sri Sunil Kumar Pandey, A.P.P. -------------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR Rakesh Kumar, J. Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 4.11.2000 passed by the learned Special Judge, Essential Commodities Act, Sitamarhi in Sonbarsa P.S. Case No.64 of 2000. By the said order, the learned Special Judge, Essential Commodities Act has taken cognizance of offence under Section 7 of the Essential Commodities Act. 2. It was submitted by the learned counsel for the petitioners that the order of cognizance was passed by the learned Special Judge, Essential Commodities Act after the cut-off date, i.e. 8th July, 1998, the date when the Essential Commodities (Special Provision) Act had ceased its operation. It was submitted that on 8. 7. 1998 the life of Essential Commodities (Special 2 Provision) Act had come to an end and, as such, learned Special Judge was having no jurisdiction of pass order of cognizance. It was further submitted that in a similar situation Cr.Misc.No.716 of 2000 and other analogous cases were disposed of on 7th July,2010 on the ground that order of cognizance was passed by the Special Judge, Essential Commodities Act , after Essential Commodities ( Special Provision) Act,1981 had come to an end. 3. Accordingly, in terms of order passed in Cr.Misc.No.716 of 2000 , the present petition is disposed of and order of cognizance dated 4.11.2000 in Sonbarsa P.S. Case No.64 of 2000 is hereby set aside and the matter is remitted back to the concerned Chief Judicial Magistrate/ Sub Divisional Judicial Magistrate to proceed with the case in accordance with law. With above observation and direction, the petition stands disposed of. Patna High Court,Patna Dated : the 10th August,2010 Nawal Kishore Singh/N.A.F.R. ( Rakesh Kumar, J )