CRIMINAL MISCELLANEOUS No.2532 OF 2001 In the matter of an application under Section 482 of the Code of Criminal Procedure ------------ Yugal Kishore Sah, Son of Late Devi Lal Sah, resident of Vikash Bazar, P.S. K.Hat, District-Purnea ---- Petitioner Versus THE STATE OF BIHAR -------------------- Opp.Party ---------- For the petitioner: Sri D.N.Tiwary, Advocate For the State: Smt. Indu Bala Pandey, A.P.P. --------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR Rakesh Kumar, J. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 27.11.2000 passed by the learned Special Judge, Essential Commodities Act, Purnea in Special Case No.33 of 1991. By the said order, the learned Special Judge, Essential Commodities Act has rejected the petition for discharge filed on behalf of the petitioner. In an identical matter, a petition vide Cr.Misc.No.716 of 2000 and other analogous cases were disposed of on 7th July,2010 on the ground that order of cognizance was passed by the learned Special Judge, Essential Commodities Act after the Essential Commodities (Special Provision) Act, had come to an end. The life of Essential Commodities (Special Provision) Act expired on 8.7.1998. It was submitted by the learned counsel for the petitioner that in this case, the order of rejection of discharge petition was passed by the learned Special Judge, Essential Commodities Act after the end of the operation of Essential Commodities 2 (Special Provision) Act, 1981. Accordingly, Special Judge, Essential Commodities Act, Purnea was not having any jurisdiction to pass order in the case relating to Essential Commodities Act cases. Accordingly, order dated 27.11.2000 passed by the learned Special Judge, E.C.Act, Purnea in Special Case No.33 of 1991 is hereby set aside and the case is remitted back to the concerned Chief Judicial Magistrate/ Sub Divisional Judicial Magistrate with a direction to proceed with the case afresh and the petitioner will be at liberty to raise all the points, which have been raised in the present case, or any other points, if available, at the appropriate stage. With above observation and direction, the petition stands disposed of. Patna High Court,Patna Dated : the 9th August,2010 Nawal Kishore Singh/ N.A.F.R. ( Rakesh Kumar, J )