Raj Kumar @ Raja vs The State of Bihar

Rakesh Kumar, J.—The sole petitioner, while invoking inherent jurisdiction of this Court u/s 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 19.10.2000/4.11.2000 passed by the learned Special Judge, Essential Commodities Act, Begusarai in Mufassil P.S. Case No. 116 of 2000. By the said order, the learned Special Judge, Essential Commodities Act has taken cognizance of offence u/s 7 of the Essential Commodities Act.

It was submitted by learned Counsel for the petitioner that order of cognizance was passed by learned Special Judge, Essential Commodities Act after the cut-off date, i.e. 8th July, 1998, the date when the Essential Commodities (Special Provision) Act had ceased its operation. It was submitted that on 8.7.1998 the life of Essential Commodities (Special Provision) Act had come to an end and, as such, learned Special Judge was having no jurisdiction to pass order of cognizance. It was further submitted that in a similar situation 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 Special Judge, Essential Commodities Act, after Essential Commodities (Special Provision) Act,1981 had come to an end.

Accordingly, in terms of order passed in Cr.Misc. No. 716 of 2000, the present petition is disposed of and order of cognizance dated 19.10.2000/4.11.2000 passed by the learned Special Judge, Essential Commodities Act, Begusarai in Mufassil P.S. Case No. 116 of 2000 is hereby set aside and the matter is remitted back to the concerned Chief Judicial Magistrate/Sub Divisional Judicial Magistrate to proceed with the case in accordance with law.

With above observation and direction, the petition stands disposed of.