CRIMINAL MISCELLANEOUS No.3088 OF 2003 ------- In the matter of an application under section 482 of the Code of Criminal Procedure. ------- 1.BIKRU RAUT son of Shibu Raut 2.Batohi Matho son of chulhi Mahto Both residents of Khuano, P.S.-Basopatti District Madhubani ….. ……Petitioners Versus 1.STATE OF BIHAR …… …..Opp.Parties ------- For the petitioners: Mr.D.N.Tiwari Mr.Anujeet Sinha For the State : Mr. Hirday Prasad Singh, A.P.P. ------ P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ------- Rakesh Kumar,J. The sole petitioner has prayed for quashing of an order dated 16.2.1999 passed by Special Judge, E.C. Act, Madhubani in Basopatti P.S.Case No.79 of 1997(G.R. No.1411 of 1997). By the said order, the learned Special Judge, E.C. Act, Madhubani has taken cognizance of the offence under section 7 of the Essential Commodities Act. 2. In an identical situation, Cr.Misc. No.716 of 2000 and other analogus cases were disposed of on 7th July, 2010 on the ground that order of cognizance was passed by the Special Judge, E.C. Act after Essential Commodities (Special Provision) Act, 1981 had come to an end. 3. The Essential Commodities (Special Provision) Act, 1981 has come to an end on 8.7.1998. Admittedly, in the present case order of cognizance was passed by the Special Judge, E.C. Act after the end of the operation of Essential Commodities (Special Provision) Act, 1981. Accordingly, Special Judge, E.C. 2 Patna High Court The 3rd September,2010 Md.S./NAFR Act, Madhubani was not having any jurisdiction to pass order in a case relating to Essential Commodities Act. 4. Accordingly, order of cognizance dated 16.2.1999 passed by Special Judge, E.C. Act Madhubani in Basopatti P.S.Case No.79 of 1997 (G.R. No.1411 of 1997) is hereby set aside and the matter is remitted back to the concerned court i.e. C.J.M./S.D.J.M. with a direction to proceed with the case afresh. 5. With the above observation and direction, the petition stands disposed of. (Rakesh Kumar,J.)