CRIMINAL MISCELLANEOUS No.968 OF 2002 ------- In the matter of an application under section 482 of the Code of Criminal Procedure. ------- RABINDRA PRASAD son of late Basudeo Prasad, resident of Station Road, Gulzarbagh, P.S.-Alamganj, District- Patna .…… .……Petitioner Versus STATE OF BIHAR …… ……Opp.Party. ------- For the petitioner : Mr.D.N.Tiwari For the State : Mrs.Indu Bala Pandey,A.P.P. ------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR Rakesh Kumar,J. The petitioner has prayed for quashing of the entire criminal proceeding in Special Case No.23 of 1998 arising out of Alamganj P.S. Case No.115 of 1998. In the said case Special Judge, Essential Commodities Act, Patna has taken cognizance of the offence under section 7 of the Essential Commodities Act on 1.12.1999. 2. Learned counsel for the petitioner submits that on the date when the order of cognizance was passed by the learned Special Judge, E.C. Act, he was not competent to pass order. It was submitted that the Essential Commodities (Special Provision) Act, 1981 has come to an end on 8.7.1998. It was further argued that in similar circumstance, Cr. Misc. No.716 of 2000 and other analogus 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. In view of order passed in Cr. Misc. No.716 of 2 Patna High Court The 26th August,2010 Md.S./NAFR 2000 the present petition is disposed of due to the reason that in this case also order of cognizance was passed by the Special Judge, E.C. Act on 1.12.1999 i.e. after the Essential Commodities (Special Provision) Act, 1981 had come to an end. 4. Accordingly, order of cognizance dated 1.12.1999 passed by Special Judge, Essential Commodities Act, Patna is set aside and the matter is remitted back to the court of C.J.M./S.D.J.M. to proceed with the case in accordance with law. (Rakesh Kumar,J.)