Criminal Miscellaneous No.716 OF 2000 ---------- In the matter of applications under section 482 of the Code of Criminal Procedure. -------- BALESHWAR PRASAD son of late Nathun Prasad, resident of village-Jagpura Bigha(Pakri), P.S.-Masaurhi, Dist.-Patna. ……… ………Petitioner Versus STATE OF BIHAR …… ……..Opp. Party. ------- For the petitioner: Mr. N.K.Agrawal, Sr Advocate Mr. D.N.Tiwari For the State: Mr.Jharkhandi Upadhyay, A.P.P. With Cr.Misc. No.5146 oF 2000 PAPPU @ BINOD KUMAR AGRAWAL son of Shri Shyam Sunder Prasad Agrawal, resident of Mohalla Marufganj, P.S.- Patna City, Dist.-Patna. …… …….Petitioner Versus STATE OF BIHAR ……. ……..Opp.Party ------- For the petitioner: Mr. N.K.Agrawal, Sr Advocate Mr. D.N.Tiwari For the State: Mr.Jharkhandi Upadhyay, A.P.P. With Cr.Misc. No.11689 oF 2000 MANORANJAN PRASAD GUPTA son of late Anandi Prasad, resident of Bihta, P.S.-Bihta, Dist.-Patna. …….. ……..Petitioner Versus STATE OF BIHAR …….. ……Opp.Party ------- For the petitioner: Mr. N.K.Agrawal, Sr Advocate Mr. D.N.Tiwari For the State: Mr.Jharkhandi Upadhyay, A.P.P. With Cr.Misc. No.13066 oF 2000 1.GIRISH NARAYAN SINGH son of late Jagdish Narain Singh 2.Pramod Kumar son of late Dhrub Prasad 3.Vijoy Kumar son of late Prahalad Prasad All residents of town Motihari, Dist.-East Champaran ……… ..……Petitioners Versus 2 STATE OF BIHAR ……. ……..Opp.Party ------ For the petitioner: Mr. N.K.Agrawal, Sr Advocate Mr. D.N.Tiwari. For the State: Mr.Jharkhandi Upadhyay, A.P.P. With Cr.Misc. No.19501 oF 2000 HARI SHANKAR PRASAD son of late Jamuna Sah, resident of Chanpatia, P.S.-Chanpatia, Dist.-West Champaran ……… ……….Petitioner Versus STATE OF BIHAR ……. …….Opp. Party ------- For the petitioner: Mr. N.K.Agrawal, Sr Advocate Mr. D.N.Tiwari For the State: Mr.Jharkhandi Upadhyay, A.P.P. With Cr.Misc. No.33083 oF 2000 RATNESH KUMAR son of late Jai Mangal Rai, resident of village-Jhitkahiyah, P.S.-Hathauri, Dist.-Muzaffarpur …… ……..Petitioner Versus 1.THE STATE OF BIHAR 2.The District Magistrate, Muzaffarpur 3.The Superintendent of Police, Muzaffarpur 4.The District Supply Officer, Muzaffarpur ……. ……Opp.Parties For the petitioner: Mr.Mukul Kumar. For the State: Mr.Jharkhandi Upadhyay, A.P.P. With Cr.Misc. No.387 oF 2001 NEELAM DEVI wife of Biswanath Rai, resident of Village-Bhimpur, P.S.-Runisaidpur, Dist.-Sitamarhi …….. …….Petitioner Versus STATE OF BIHAR ……. ……Opp.Party ------- For the petitioner: Mr. N.K.Agrawal, Sr Advocate Mr. D.N.Tiwari For the State: Mr.Jharkhandi Upadhyay, A.P.P. With Cr.Misc. No.1440 oF 2001 MANOJ KUMAR son of late Krishna Prasad, resident of Chatti Road, P.S.-Begusarai Town, Dist.-Begusarai …….. ……..Petitioner Versus 3 STATE OF BIHAR …….. …….Opp.Party. ------- For the petitioner: Mr. N.K.Agrawal, Sr Advocate Mr. D.N.Tiwari For the State: Mr.Jharkhandi Upadhyay, A.P.P. With Cr.Misc. No.2178 oF 2001 SURESH PRASAD son of Bhola Prasad, resident of Baswaria, P.S.-Town Bettiah, Dist.-Bettiah …… …….Petitioner Versus STATE OF BIHAR ……. ……Opp.Party. ------- For the petitioner: For the State: Mr.Jharkhandi Upadhyay, A.P.P. With Cr.Misc. No.11200 oF 2001 1.BHAGWANJEE JAIN son of late Gobind Prasad Jain 2.Dhrub Kumar Jain son of late Chandra Prasad Jain Both resident of village-Salempur, P.S.-Chapra Town District-Saran ……. ……Petitioners Versus STATE OF BIHAR …… ……Opp.Party. ------- For the petitioners: Mr. N.K.Agrawal, Sr Advocate and Mr. D.N.Tiwari, Advocate. For the State: Mr.Jharkhandi Upadhyay, A.P.P. With Cr.Misc. No.13140 oF 2001 1.SURESH PRASAD 2.Prahlad Prasad Both sons of Sri Bechan Lal Saha, resident of Bazar Samitee Road, Shivganj, Narkatiaganj, with the district of West Champaran …… ……Petitioners Versus STATE OF BIHAR …….. ……Opp.Party. ------- For the petitioners: Mr.Ramesh Kumar Agrawal Mr.Vikas Kumar Singh For the State: Mr.Jharkhandi Upadhyay, A.P.P. With Cr.Misc. No.4271 oF 2002 1.PRAHLAD SHARMA son of late Kedar Maharaj, 4 resident of village- Hamatpur, P.S.-Dighwara, Dist.Saran 2.Sri Krishna Singh son of late Badri Singh, resident of Village-Raipatti, P.S.-Dighwara, Dist.-Saran ……. ……..Petitioners Versus STATE OF BIHAR ……. ……Opp.Party ------- For the petitioner: Mr.Anil Kumar Singh Mr.Mritunjay Kumar For the State: Mr.A.M.P. Mehta, A.P.P. With Cr.Misc. No.31793 oF 2003 GAURI SHANKAR GUPTA son of Chhotelal Gupta resident of Sikandra, P.S.- Sikandra, Dist.-Jamui …… …….Petitioner Versus STATE OF BIHAR ……. ……Opp. Party. ------- For the petitioner: Mr. N.K.Agrawal, Sr Advocate Mr. D.N.Tiwari For the State: Mr.Jharkhandi Upadhyay, A.P.P. -------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ------ Rakesh Kumar,J. In all the aforesaid cases order of cognizance was passed by Special Judge, Essential Commodities Act of different districts. In all the cases one of the main ground for challenging the order of cognizance is the jurisdiction of the concerned court. Accordingly all the petitions are being disposed of by this common order. 2. In the first case i.e. Cr.Misc. No.716 of 2000 (Baleshwar Prasad Vs. The State of Bihar) a counter affidavit has been filed on behalf of the State which was sworn by the Deputy Secretary, Food, Supply and Commerce, Government of Bihar. In paragraph 5 of the counter affidavit it has been categorically stated that so far as the existence of the Special Court constituted under Clause-12A and 12AA of the Essential Commodities (Special Provision) Act, 1981 is concerned, has lost its 5 existence from 8.7.1998 as the very Act has ceased to be in force from 8.7.1998. 3. Learned counsel appearing on behalf of petitioners in all the cases have submitted that besides the present ground there are other points also to challenge the initiation of the entire proceeding. However, keeping in view the basic jurisdiction of the court, this court is not passing any remarks on the merit of the case and liberty is granted to the petitioners to raise other points at an appropriate stage before the competent court. 4. In similar circumstances, earlier several petitions were disposed of by a Bench of this court by order dated 3.5.2010. These cases are Cr.Misc.No.15851 of 1999, Cr.Misc.No.7314 of 2000, Cr.Misc.No.7707 of 2000, Cr.Misc. No.7645 of 2000, Cr. Misc. No.7484 of 2001, Cr.Misc. No.16495 of 2001, Cr.Misc. No.23103 of 2001, Cr.Misc. No.35219 of 2000, Cr. Misc. No.14857 of 2000 and Cr. Misc. No.23141 of 2003. 5. In course of argument Mr. R.K.Agrawal, learned counsel appearing on behalf of the petitioner in Cr. Misc. No.13140 of 2001 has produced a copy of the order dated 3.5.2010 passed in Cr.Misc. No.15851 of 1999 and other analogus cases. Keep it on the record. 6. This court, keeping in view the settled law as well as number of judgments of this court and of Hon’ble Supreme Court, had allowed the prayer of the petitioners in which the order of cognizance passed by Special Judge, E.C. Act were under challenge, which were passed subsequent to 8th July, 1998 since Essential Commodities (Special Provision), Act 1981 had ceased its operation with effect from 8th July, 1998. Initially, the said provision was enacted only for specified period of ten years and after expiry of period of ten years, the period was extended by ordinance. Finally it 6 Patna High Court The 7th July, 2010. Md.S. (NAFR) ceased its operation with effect from 8th July, 1998. In all the aforesaid cases order of cognizance was passed by Special Judge, E.C. Act after 8th July, 1998. 7. 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. 8. However, it is made clear that the petitioners would be at liberty to raise all other points, if required, at an appropriate stage. 9. 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.)