Criminal Miscellaneous No.3500 OF 1999 ----- In the matter of an application under section 482 of the Code of Criminal Procedure. ------ NAND KISHORE PRASAD son of Govind Prasad, resident of Mohalla Gullowara, P.S., Town, Dist.- Darbhanga. ….. ……Petitioner Versus 1.STATE OF BIHAR 2. Sri Umakant Prasad, Senior Marketing Officer, Vigilance Cell, Deptt. of Food & Civil Supplies, Bihar, Patna. ….. ….Opp. Parties. ------ For the petitioner: None For the State: Mr. A.M.P Mehta, APP. ------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR -------- Rakesh Kumar,J. No one appears on behalf of the petitioner either to press this petition or even to make a prayer for adjournment. 2. The sole petitioner, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, has prayed for quashing of the order dated 14.12.1998. By the said order the learned Special Judge, Essential Commodities Act, Darbhanga, has taken cognizance of the offence under section 7 of the Essential Commodities Act (hereinafter E.C. Act) in Sadar P.S. Case No.51 of 1998. 2. It appears that under the direction of Secretary, Food Supplies and Commercial Department, Government of Bihar, Patna, a team was constituted consisting of Supply Inspector, Block Supply Officer, Block Development Officer and District Supply Officer. The said team with the help of police force conducted a raid in the premises of different wholesale 2 dealers in Darbhanga Bazar Samiti. It was found that four dealers were indulged in black marketing and thereafter a case vide Sadar P.S. Case No.51 of 1998 was registered. After investigating the case, the police submitted charge sheet. The learned Special Judge, E.C. Act by order dated 14.12.1998 after examining the materials available in the case diary as well as charge sheet, took cognizance of the offence under section 7 of the E.C. Act. 3. I do not find any error in the order of cognizance. I am of the view that there is no merit in the petition. Accordingly, the petition stands rejected. 4. In this case by order dated 4.9.1998 while issuing notice to opposite party no.2, this court had directed that till further orders, the proceeding as regards the petitioner in Darbhanga Sadar P.S. Case No.51 of 1998 pending in the court of Special Judge, E.C. Act, Darbhanga, shall remain stayed. Subsequently, on 9.4.2002 this petition was admitted for hearing and it was directed that till the pendency of this application, interim order passed on 4.8.1999 shall remain operative. The interim order is still continuing. 5. In view of rejection of the present petition, the interim order of stay stands automatically vacated. 6. Let this order be communicated to the court below forthwith. Patna High Court The 5th April, 2010 NAFR/Md.S. ( Rakesh Kumar, J.)