DWARIKA PRASAD S/O GANGA VISHUN SAH AND RAMAKANT JHA (MUNSHI) S/O JAGDISH NARAYAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Gauri Shankar Prasad, learned Counsel appearing on behalf of the petitioners and Sri P.N. Pandit, learned Addl. Public Prosecutor appearing on behalf of the State. I have also perused the materials available on record.

(2.) Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 22.11.1999 passed by the learned Special Judge, Essential Commodities Act, Patna in Special Case No. 20 of 1998. By the said order, the learned Special Judge, Essential Commodities Act has taken cognizance of offence under Section 7 of the Essential Commodities Act.

(3.) 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 of 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.