Padma Prasad vs The State of Bihar

Shiva Kirti Singh, J.—Heard learned Counsel for the Petitioner and the State.

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 u/s 7 of the E.C. Act in Laheri P.S. Case No. 235 of 1998.

On behalf of the Petitioner it has been submitted that the learned Special Judge E.C. Act had no power to take cognizance of the offence under the E.C. Act on 19th August, 1999, because by efflux of time E.C. (Special Provisions) Act had elapsed after the lapse of last Ordinance on 24.10.1998. In support of this proposition learned Counsel for the Petitioner has placed reliance upon a judgment of the Supreme Court in the case of State of Tamil Nadu Vs. Paramasiva Pandian,

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.

In that view of the matter the impugned order dated 19.8.1999 is quashed and the matter as remitted back to the learned Chief Judicial Magistrate, Nalanda at Biharsharif to ensure that the case will be considered by the appropriate Magistrate in accordance with law. This application is allowed to the aforesaid extent.