CRIMINAL MISCELLANEOUS No.8274 OF 1999 ------- In the matter of applications under section 482 of the Code of Criminal Procedure. ------- KHEW KARAN SHARMA @ KHEM KARAN SHARMA son of Sri Roopchand Sharma, resident of Mill Road, P.S.Khagaria, Dist.-Khagaria …..….. ..…..Petitioner Versus STATE OF BIHAR ….. ……..Opp. Party. ------ With Cr.Misc. No.7985 oF 2000 ------ GULAB CHAND SHARMA son of late Roopchand Sharma, resident of Mill Road, P.S.-Khagaria, Dist.-Khagaria. ….…… ……Petitioner Versus STATE OF BIHAR …… ………Opp. Party ------- For the petitioner in both the cases: Mr. D.N.Tiwari For the State in Cr. Misc. No.8274/1999: Mr. A.M.P.Mehta,A.P.P. For the State in Cr.Misc.No7985/2000: Mr.Anuj Kr.Srivastava,A.P.P. ------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR -------- Rakesh Kumar,J. In both the cases order of cognizance dated 19.2.1999 passed by Special Judge, Essential Commodities Act, Khagaria in Khagaria P.S. Case No.188 of 1998 is under challenge and, as such, both the cases are being disposed of by this common order. 2. It is not in dispute that cognizance order was passed by Special Judge, E.C.Act, Khagaria after Essential Commodities (Special Provision) Act 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 cognizance was obviously passed on 19.2.1999 i.e. after the end of the operation of Essential 2 Patna High Court The 16th July,2010 Md.S./NAFR. Commodities (Special Provision) Act,1981. 3. Accordingly, both the petitions are hereby disposed of in terms of the order dated 7.7.2010 passed in Cr. Misc. No.716 of 2000 and other analogus cases in which following order was passed: “Accordingly, all the aforesaid orders of cognizance under challenge are hereby set aside on the ground of absence of jurisdiction. However, in terms of order dated 3.5.2010 passed in Cr. Misc. No.15851 of 1999 and other analogus cases, the matter is remitted back to the concerned area Magistrate having jurisdiction to try Essential Commodities Act cases as per law. However, it is made clear that the petitioners would be at liberty to raise all other points, if required, at an appropriate stage. The aforesaid petitions are allowed to the aforesaid extent and 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.” (Rakesh Kumar,J.)