CRIMINAL MISCELLANEOUS No.25926 OF 2001 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure,1973. ---- 1. BIHARI LAL AGRAWAL, S/O LATE JEESUKH RAM AGRAWAL, RESIDENT OF SALMARI, P.S. AZAMNAGAR, DISTRICT KATIHAR. 2. PAWAN KUMAR DALMIA, S/O LATE KISHAN LAL DALMIA, RESIDENT OF BARA BAZAR, KATIHAR. ... ... PETITIONERS. Versus THE STATE OF BIHAR ... OPPOSITE PARTY. ---- For the Petitioners : M/S N.K. Agrawal, Sr.Adv. D.N. Tiwari,Adv. For the State : Mrs. Madhuri Lata, A.P.P. ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh Kumar,J. Two petitioners have prayed for quashing of an order dated 19.6.2000 passed by Special Judge, Essential Commodities Act in G.R. No.1393 of 1981, Katihar. By the said order, the learned Special Judge had taken cognizance of offence under Section 7 of the Essential Commodities Act and Sections 420, 467 and 468 of the Indian Penal Code. 2. Learned counsel for the petitioners submits that the order of cognizance was passed by the Special Judge, at the time when the Essential Commodities (Special Provision)Act had already come to an end. It was submitted that in similar 2 circumstance, number of cases particularly Cr. Misc. No.716 of 2000 and other analogous case were allowed by this Court on 7.7.2010. 3. It is not in dispute that order of cognizance was passed by the Special Judge, E.C. Act, Katihar 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. 4. Accordingly, the order of cognizance is set aside and matter is remitted back to the concerned Chief Judicial Magistrate/Sub Divisional Judicial Magistrate with a direction to the learned Magistrate to proceed with the case in accordance with law. 5. With above observation, the petition stands disposed of. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 17.8.2010 N.A.F.R./N.H.