IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2360 of 2001 SAVITRI DEVI Versus STATE OF BIHAR with Cr.Misc. No.6389 of 2001 MUNESHWAR PRASAD GUPTA Versus STATE OF BIHAR with Cr.Misc. No.6614 of 2001 MANORANJAN PRASAD GUPTA & ANR Versus STATE OF BIHAR with Cr.Misc. No.6122 of 2002 NAWAL KISHORE TEKRIWAL Versus STATE OF BIHAR For the petitioner: None ( in Cr. Misc. No. 2360/2001) For the petitioners: Shri N.K.Agrawal,Sr.Adv ( in other three petitions) Shri D.N.Tiwari, Adv. Shri Sanjeet Kumar,Adv. For the State: Shri Dashrath Mehta, A.P.P. ----------- 3. 16.8.2010 Cr. Misc. Nos. 6122 of 2002 and 6389 of 2001 arise out of Muzaffarpur Town P.S.Case No.317 of 1987 and seek quashing of order dated 2.2.2002 passed by the Special Judge, Muzaffarpur, by which the petitioners of both these petitions were summoned for committing the offence under Section 7 of the Essential Commodities Act and some offences under the Indian Penal Code and a couple of offences under the Bihar Finance Ordinance, 1981. As regards Cr. Misc. No. 6614 of 2001, it is directed against the order dated 13..4.2000 passed in Muzaffarpur Town P.S.Case No. 104 of 1987 by which the learned Special Judge took cognizance of the offences under 2 Section 7 of the Essential Commodities Act and Sections 420, 467 and 468 of the Indian Penal Code. As regards Cr. Misc. No. 2360 of 2001, the same is directed against order dated 13.4.200 passed by the learned Special Judge, Muzaffarpur, in Muzaffarpur Town P.S. Case No.104 of 1987 which order is being challenged in Cr. Misc. No. 6614 of 2001.These petitions were heard together and are being disposed of by the present order. I have heard Shri N.K.Agrawal, learned Senior counsel appearing on behalf of the petitioners in all the petitions except Cr. Misc. No. 2360 of 2001 and Shri Dashrath Mehta, learned A.P.P. for the State. A common point of law has been raised in the four petitions that on the dates on which the orders taking cognizance of the offences were passed by the learned Special Judge, Muzaffarpur, under Section 7 of the Essential Commodities Act as also of other offences under other enactments, the court was not in existence on account of the expiry of the provisions of the Essential Commodities( Special Provisions) Act. The provision of creating Special Court was contained in Section 12-A of the Act and that came into force from 1.9.1982 and remained in force for five years and was extended further for another period of five years, i.e., it remained in force from 1987 till 1992 on account of its provision being extended for five years. Thereafter, two ordinances were promulgated by the Central 3 Government and both were Essential Commodities (Special Provision) Ordinance 1997 and 1998 but after the promulgation of those Ordinances no fresh Act was passed by the Parliament and, as such, those ordinances also expired after expiry of period of six months. As such, after 1998, there was no special provision empowering the special courts to take cognizance of the offence under the Essential Commodities Act read with other offences under the other enactments. As regards Cr. Misc. Nos. 6122 of 2002 and 6389 of 2001, it is clear from the orders which have been sought to be quashed that it is one and the same order passed in Muzaffarpur Town P.S.Case No. 317 of 1987 by the learned Special Judge, Muzaffarpur by which he took cognizance of the offence under Section 7 of the Essential Commodities Act, besides, other offences under the Penal Code and a couple of offences under the Bihar Finance Ordinance, 1981. On account of the expiry of the Special Provisions Act long back and there being no provision empowering any Special Judge or for continuing the court of Special Judge and further there being no power vested in him to take cognizance of the offences, the order dated 2.2. 2000 passed in Muzaffarpur Town P.S.Case No. 317 of 1987 would not be sustained in law. That order is, accordingly, set aside. However, the fitness of things requires that all the four cases along with the case diary and charge sheet be placed 4 before the competent court which was empowered to take cognizance on 2.2.2000 for taking a fresh look at the materials and pass proper orders in accordance with law. As regards other two petitions, bearing Cr. Misc. Nos. 2360 of 2001 and 6614 of 2001,the same are also to be allowed in the light of the above observations which relate to Muzaffarpur Town P.S.Case No. 104 of 1987. The order dated 13.4.2000 passed by the learned Special Judge, Muzaffarpur, taking cognizance of the offence under Section 7 of the Essential Commodities Act, besides, some other offences of the I.P.C. and a couple of offence under the Bihar Finance Ordinance, 1981 could also not be sustained on account of the reasons which I have stated in the present order. The said order, i.e., order dated 13.4.2000 passed in the above noted case is hereby quashed. Both these petitions are also allowed in the same terms, with a direction that on account of the reasons indicated above, Muzaffarpur Town P.S. case No.104 of 1987 be also placed before the appropriate court which was empowered on 13.4.2000 to take cognizance of the offence so that the court could take fresh look at the materials and pass proper orders in accordance with law. Kanth ( Dharnidhar Jha, J.)