CRIMINAL MISCELLANEOUS No.31963 OF 2000 ------- In the matter of an application under section 482 of the Code of Criminal Procedure. ------- MD. FAIYAZ ALAM son of Md.Quasim, resident of Mohalla, Supaul Bazar. P.S.-Biraul, Dist.-Darbhanga. ……. …….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. In the present case order of rejection of discharge petition dated 29.6.2000 passed by Special Judge, Essential Commodities Act, Darbhanga in T.R. No.86 of 2000 arising out of Biraul P.S. Case No.9 of 1998 is under challenge. 2. It is not in dispute that order of rejection of discharge petition was passed by Special Judge, E.C.Act, Darbhanga after Essential Commodities (Special Provision) Act,1981 had come to an end. The operation of provision of Essential Commodities (Special Provision) Act, 1981 was finally ceased with effect from 8.7.1998 and in the present case order of rejection of discharge petition was obviously passed on 29.6.2000 after the end of the operation of Essential Commodities (Special Provision) Act, 1981. Accordingly, the order of rejection of discharge petition dated 29.6.2000 passed by Special Judge, Essential Commodities Act, Darbhanga in T.R. No.86 of 2000 arising out of Biraul P.S. Case No.9 of 1998 is set aside on the ground of 2 Patna High Court The 27th July,2010 Md.S./NAFR absence of jurisdiction. 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 with liberty to the petitioner to raise all the points which have been raised in the present case or any other point, if available, at an appropriate stage. (Rakesh Kumar,J.)