CRIMINAL MISCELLANEOUS No.32063 OF 2000 --------- In the matter of an application under section 482 of the Code of Criminal Procedure. ------- 1.JAGARNATH PRASAD son of Sri Deo Narayan Sao 2.Deo Narayan Sao son of late Yatabari Sao Both resident of Chaudharava Road, P.S.-Danapur, District-Patna …… …..Petitioners Versus THE STATE OF BIHAR ….. ……Opp. Party. -------- For the petitioners: Mr. D.N.Tiwari For the State: Mr.Sunil Kumar 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 25.4.2000 passed by Special Judge, Essential Commodities Act, Patna (Rural) in Special Case No.17 of 1998 arising out of Danapur P.S. Case No.317 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, Patna (Rural), 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 25.4.2000 after the end of the operation of Essential Commodities (Special Provision) Act, 1981. 3. Accordingly, the order of rejection of discharge petition dated 25.4.2000 passed by Special Judge, Essential Commodities Act, Patna (Rural) in Special Case No.17 of 1998 2 Patna High Court The 27th July,2010 Md.S/NAFR arising out of Danapur P.S. Case No.317 of 1998 is set aside on the ground of 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.)