Criminal Miscellaneous No.13615 of 1999
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In the matter of an application under Section 482 of the Code of
Criminal Procedure
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AJOY KUMAR GUPTA, SON OF SRI RAGHU SAO, RESIDENT
OF MOHALLA BABUGANJ, P.S. PALIGANJ, DISTRICT
AURANGABAD.
.... .... Petitioner
Versus
THE STATE OF BIHAR .... .... Opposite Party
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For the Petitioner : Mr. N. K. Agrawal, Senior Advocate
Mr. D.N.Tiwari, Advocate
For the State : Mr. Damodar Pd. Tiwary, A.P.P.
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PRESENT
THE HON'BLE THE CHIEF JUSTICE
R.M. Doshit, CJ. Feeling aggrieved by the order taking cognizance dated
24th March, 1999 made by the learned Special Judge, Aurangabad, the
accused Ajoy Kumar Gupta has filed this application for quashing
under Section 482 Cr.P.C.
2. A prosecution has been lodged against the petitioner-
accused under Section 7 of the Essential Commodities (Special
Provision) Act, 1981.
3. In similar set of facts, this Court has, (Coram : Shiva
Kirti Singh, J.) by order dated 3.5.2010 passed in Cr. Misc. No. 15851
of 1999 (Udai Chand Jha vs. The State of Bihar ) and other analogous
cases, held that since 8th July, 1998 the Act of 1981 has become
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inoperative. In that view of the matter, the learned Special Judge had
no jurisdiction to take cognizance of the offence under that Act.
4. Following the said judgment, this application is allowed.
The impugned order of cognizance dated 24th March, 1999 is set
aside. The matter is remitted back to the concerned Magistrate having
jurisdiction in the matter.
5. The application stands disposed of.
(R.M. Doshit, CJ)
The Patna High Court
The 23rd June, 2010.
NAFR
Pawan/-