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Judgment
Prakash Tatia, CJ.
Heard learned counsel for the parties.
In this Criminal Writ Petition, the criminal proceeding in connection with C.O. Case No. 7 of 2002 including order dated 19.1.2002 passed by the Court of Judicial Magistrate, Dhanbad whereby cognizance u/s 48 of the Agricultural Produce Market, 1960 has been challenged by filing a writ petition in the year 2007. The proceeding of the Trial Court has been stayed vide order dated 11.4.2007. On 18.10.2008, counsel for the petitioner stated that two L.P. As being L.P.A. No. 18 of 2002 and L.P.A. No. 77 of 2002 are pending herein, interim order has been passed. In view of above, it was ordered that record of this writ petition be put up with L.P.A. No. 18 of 2002 (L.P.A. No. 77 of 2002). On 27.1.2009, it was ordered that in the facts and circumstances, this writ petition would be disposed of after disposal of L.P.A. No. 18 of 2002 and L.P.A. No. 77 of 2002 and the same order was passed on 4.1.2010.
Learned counsel for the respondents submitted that even both the L.P.A. being L.P.A. No. 18 of 2002 and L.P.A. No. 77 of 2002 have been disposed of by the Division Bench of this Court delivered in the case of Plywood Association & Ore. (in L.P.A. No. 77/02), M/s. Plywood & Ore. (in 18) v. State of Jharkhand & Ore, reported in 2011 (2) JLJR 347, wherein the question raised in this writ petition has already been decided by the Division Bench of this Court, therefore, the prosecution can proceed. In view of the above submission made by learned counsel for the respondents and in view of the Division Bench judgment referred above, this writ petition is dismissed and the interim order dated 17.4.2007 and continued thereafter, stands vacated.
The copy of this order may be sent to the Trial Court forthwith.