PADMA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) THE Petitioner has challenged the order dated 19.8.1999, by which the learned Special Judge E. C. Act, Nalanda at Biharsharif, has taken cognizance against the petitioner under Section 7 of the E.C. Act in Laheri P.S. Case No. 235 of 1998.

(3.) A perusal of the said judgment clearly supports the aforesaid submissions. After lapse of E.C. (Special Provisions) Act on 24th October, 1998, the earlier system of enquiry, cognizance or trial by the ordinary area Magistrate having jurisdiction over the concerned area shall come into play. As a result, after 24.10.1998 the concerned Area Magistrate had to exercise jurisdiction for the purpose of taking cognizance etc.