CRIMINAL MISCELLANEOUS No.8868 OF 2000 ------- In the matter of an application under section 482 of the Code of Criminal Procedure. ------ KAILASH BIHARI SARAF @ KAILASH SARAF son of Shri Govind Prasad Saraf, resident of Station Road, Sitamarhi, Dist.-Sitamarhi. …. …..Petitioner Versus STATE OF BIHAR ….. …….Opp. Parties. ------- For the petitioner: Mr.D.N.Tiwari and Mr. B.K.Sinha For the State : Mr. A.M.P.Mehta, A.P.P. ------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---------- Rakesh Kumar,J. In the present case order of rejection of discharge petition dated 2.2.2000 passed by Special Judge, Essential Commodities Act, Siwan in T.R. No.36 of 2000 arising out of Siwan Town P.S.Case 54 of 1994 is under challenge. 2. It is not in dispute that order of rejection of discharge petition was passed by Special Judge, E.C.Act, Siwan after Essential Commodities (Special Provision) Act,1981 had come to an end. The operation of provision of Essential Commodities (Special Provision) Act, 1981 was finally ceased with effect from 8.7.1998 and in the present case order of rejection of discharge petition was obviously passed on 2.2.2000 i.e. after the end of the operation of Essential Commodities (Special Provision) Act, 1981. 3. Accordingly, the order of rejection of discharge petition dated 2.2.2000 passed by Special Judge, Essential Commodities Act, Siwan in T.R. No.36 of 2000 arising out of Siwan Town P.S. Case No.54 of 1994 is set aside on the ground of 2 Patna High Court, The 19th July, 2010. Md.S./NAFR. absence of jurisdiction. The matter is remitted back to the appropriate court i.e. court of C.J.M./S.D.J.M. at the concerned place for expeditious action with liberty to the petitioner to raise all the points which have been raised in the present case or any other point, if available, at an appropriate stage. (Rakesh Kumar,J.)