Criminal Miscellaneous No.13236 OF 2000 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure,1973. ---- RAM CHANDRA RAI SON OF SHRI SHEONANDAN RAI, RESIDENT OF VILLAGE KHAJURI, P.S. GAIGHAT, DISTRICT MUZAFFARPUR. ... ... PETITIONER. Versus STATE OF BIHAR ... ... OPPOSITE PARTY. ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh Kumar,J. No one appears on behalf of the petiti either to press this petition or to make a prayer adjournment. However, I have perused the record. 2. In the present case, the petitioner has prayed for quashing of entire proceeding in Tr. No. 165 of 2000 arising out of Gaighat P.S. Case No.171 of 1996 including the order dated 11.4.2000 passed by the Special Judge, E.C. Act, Muzaffarpur. By order dated 11.4.2000, the learned Special Judge, Essential Commodities Act has taken cognizance of the offence under Section 406 of the Indian Penal Code and 7 of the Essential Commodities Act. 3. In view of order passed in Cr. Misc. No.716 of 2000 and other analogous cases, this petition is allowed. In this case, order of cognizance was passed by Special Judge, Essential Commodities Act, Muzaffarpur even though the operation of Essential Commodities (Special 2 Provisions) Act had already come to an end. 4. In similar circumstance, Cr. Misc. No.716 of 2000 and other analogous cases were allowed in the following terms : “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 analogous cases, the matter is remitted back to the concerned area Magistrate having jurisdiction to try Essential Commodities Act cases as per law.” 5. Accordingly, the order of cognizance is set aside and the case is remitted back to the concerned C.J.M./Sub Divisional Judicial Magistrate to examine and proceed with the case in accordance with law. 6. The aforesaid term, the petition stands allowed. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 8.7.2010 N.A.F.R./N.H.