Criminal Miscellaneous No.13615 of 1999 ------------ In the matter of an application under Section 482 of the Code of Criminal Procedure ---------- AJOY KUMAR GUPTA, SON OF SRI RAGHU SAO, RESIDENT OF MOHALLA BABUGANJ, P.S. PALIGANJ, DISTRICT AURANGABAD. …. …. Petitioner Versus THE STATE OF BIHAR …. …. Opposite Party ----------- For the Petitioner : Mr. N. K. Agrawal, Senior Advocate Mr. D.N.Tiwari, Advocate For the State : Mr. Damodar Pd. Tiwary, A.P.P. ----------- P R E S E N T THE HON'BLE THE CHIEF JUSTICE R.M. Doshit, CJ. Feeling aggrieved by the order taking cognizance dated 24th March, 1999 made by the learned Special Judge, Aurangabad, the accused Ajoy Kumar Gupta has filed this application for quashing under Section 482 Cr.P.C. 2. A prosecution has been lodged against the petitioner- accused under Section 7 of the Essential Commodities (Special Provision) Act, 1981. 3. In similar set of facts, this Court has, (Coram : Shiva Kirti Singh, J.) by order dated 3.5.2010 passed in Cr. Misc. No. 15851 of 1999 (Udai Chand Jha vs. The State of Bihar ) and other analogous cases, held that since 8th July, 1998 the Act of 1981 has become - 2 - inoperative. In that view of the matter, the learned Special Judge had no jurisdiction to take cognizance of the offence under that Act. 4. Following the said judgment, this application is allowed. The impugned order of cognizance dated 24th March, 1999 is set aside. The matter is remitted back to the concerned Magistrate having jurisdiction in the matter. 5. The application stands disposed of. (R.M. Doshit, CJ) The Patna High Court The 23rd June, 2010. NAFR Pawan/-