CRIMINAL MISCELLANEOUS No.8286 OF 2000 ------ In the matter of an application under section 482 of the Code of Criminal Procedure. ------- 1.MEGHU SAH son of Daroga Sah, resident of Satwaria, P.S.-Sathi, Dist.West Champaran. 2.Lal Babu Mandal @ Lall Babu Prasad son of Laxmi Prasad, resident of Chanpatia, P.S.- Chanpatia, Dist.-West Champaran. …… ……Petitioners Versus STATE OF BIHAR …… ……Opp. Parties. ------ For the petitioner: Mr. D.N.Tiwari For the State: Mr. Chandrasen Prasad Gupta,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 cognizance dated 17.12.1999 passed by Special Judge, Essential Commodities Act, West Champaran, Bettiah in Chanpatia P.S. Case No.163 of 1999 is under challenge. 2. It is not in dispute that cognizance order was passed by Special Judge, E.C.Act, West Champaran, Bettiah 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 cognizance was obviously passed on 17.12.1999 after the end of the operation of Essential Commodities (Special Provision) Act, 1981. 3. Accordingly, this petition is hereby disposed of in terms of the order dated 7.7.2010 passed in Cr. Misc. No. 716 of 2000 and other analogus cases in which following order 2 Patna High Court The 19th July,2010 Md.S./NAFR. was passed: “Accordingly, all the aforesaid orders of cognizance under challenge are hereby set aside on the ground of absence of jurisdiction. However, in terms of order dated 3.5.2010 passed in Cr. Misc. No.15851 of 1999 and other analogus cases, the matter is remitted back to the concerned area Magistrate having jurisdiction to try Essential Commodities Act cases as per law. However, it is made clear that the petitioners would be at liberty to raise all other points, if required, at an appropriate stage. The aforesaid petitions are allowed to the aforesaid extent and 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.” (Rakesh Kumar,J.) 3