IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9637 of 2003 1.RAJ KUMAR son of Manik Chand 2.Manik Chand son of late Motilal 3.Suresh Prasad son of Ganga Bishun Sao All resident of Shanti Market, Mithapur, P.S.-Jakkanpur, Dist.-Patna ……. …….Petitioners Versus STATE OF BIHAR ……. ……Opp.Parties ------- For the petitioners: Mr. N.K.Agrawal, Sr.Advocate Mr. D.N.Tiwari, Advocate For the State : Mrs. Indu Bala Pandey, Addl.P.P. -------- 5. 1.10.2010. Learned counsel for the petitioners files a supplementary affidavit. Keep it on the record. In the supplementary affidavit it has been clarified that while filing the main petition due to inadvertence designation of the court taking cognizance has been typed as S.D.J.M. Essential Commodities Act, Patna whereas the order of cognizance was passed by Special Judge, Essential Commodities Act, Patna. Keep it on the record. In this case order of cognizance was passed under section 7 of the Essential Commodities Act on 23.11.1998 in Jakkanpur Town P.S. Case No.7 of 1998 (Special Case No.7 of 1998) by Special Judge, Essential Commodities Act, Patna. In an identical situation, 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 and the matter was remitted back to the court concerned i.e. C.J.M./S.D.J.M. with a direction to proceed with the case afresh. 2 Admittedly, in the present case order of cognizance was passed by the Special Judge, Essential Commodities Act, Patna after end of operation of Essential Commodities (Special Provision) Act, 1981. Accordingly, Special Judge, Essential Commodities Act, Patna was not having any jurisdiction to pass order in the case relating to Essential Commodities Act. Accordingly, order of cognizance dated 23.11.1998 passed by Special Judge, Essential Commodities Act, Patna in Jakkanpur P.S. Case No.7 of 1998 (Special Case No.7 of 1998) is hereby set aside and the matter is remitted back to the concerned court i.e. C.J.M./S.D.J.M. with a direction to proceed with the case afresh. With the above observation and direction, the petition stands disposed of. Md.S. ( Rakesh Kumar, J.)