The preamble of the Indian Penal Code, 1860 [Act No. 45 of 1860] 1* read that “it is expedient to provide a general Penal Code for 2*[India]. Section 1 of the Code provides thus:
# 1. Title and extent of operation of the Code
This Act shall be called the Indian Penal Code, and shall 3*[extend to the whole of India 4*[except the State of Jammu and Kashmir]].
- 1The Act has been amended in its application to Madras by Madras Act 25 of 1960, U. P. by U. P. Acts 31 of 1961, 29 of 1970 and 47 of 1975, Andhra Pradesh by Andhra Pradesh Act 16 of 1968, Maharashtra by Maharashtra Act 19 of 1971, Mysore by Mysore Act 8 of 1972, West Bengal by West Bengal Act 42 of 1973.
- The Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Sch., extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965) and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10- 1967).
- The Act comes into force in Pondicherry vide Reg. 7 of 1963, s. 3 and Sch. I (w.e.f. 1-10-1963).
- 2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the whole of India except Part B States”.
- 3. Subs. by the A. O. 1948, for “take effect * * * throughout British India”. The words and figures “on and from the first day of May, 1861” occurring between the words “effect” and “throughout” were rep. by Act 12 of 1891.
State of Jammu and Kashmir has got different Cr.P.C. known as Jammu and Kashmir code of criminal Procedure. Similarly instead of Indian Penal Code 1860 it has Ranbir Penal Code. whether this Court can entertain any writ petition to quash the proceeding initiated under that Code RPC which does not extend to this court?
The answer to the surfaced question is in negative as from both the angles (neither Ranbir Penal Code applies in Uttar Pradesh nor Indian Penal Code applies in State of Jammu and K) such an exercise will be void abinition and without jurisdiction.
This High Court can entertain only such writ petitions which are purviewed with the ambit of those Laws, Rules, Regulations, and Orders etc. which are applicable in the State of Uttar Pradesh.
Any law which does not apply here oust the legal as well as constitutional jurisdiction of this Court and hence this Court can not entertain any petition in any of it’s jurisdiction regarding such a Law, Rule, Regulation, and Order etc.
Analysing from such an angle this writ petition with the prayer to quash criminal complaint filed under RPC before this Court is not maintainable because of the above reasons. Goyal Agencies v. State Of Uttar Pradesh [Allahabad High Court, 31 January, 2008]