The specific exclusion of the Code of Criminal Procedure, 1973's application to the State of Jammu and Kashmir prevents litigants from invoking its provisions, such as section 482, for cases pending in the state.

JUDGMENT :

S.K. Sahoo, J - Heard Mr. Suvashis Pattanaik, learned counsel for the petitioners, Mr. Sanjit Mohanty, learned Senior Advocate for the opposite parties nos.1 and 2 and Mr. Prem Kumar Patnaik, learned Additional Government Advocate for the State.

2. In this application under section 482 of the Code of Criminal Procedure, 1973 (hereafter "1973 Code"), the petitioners have prayed to quash the proceeding against them pending before the learned C.J.M. -cum-Duty Magistrate, Electricity Magistrate, Jammu, Janipur, arising out of Bahu Fort P.S. Case No.190 of 2011 which was instituted on 30.11.2011 for the offences punishable under sections 406, 409, 420 read with section 120-B of the Ranbir Penal Code.

3. Section 1(2) of 1973 Code states that the Code of Criminal Procedure, 1973 extends to the whole of India CRLMC No.4171 of 2011 except the State of Jammu and Kashmir. Thus 1973 Code which is applicable to the rest of the country specifically excludes its application thereof to the State of Jammu and Kashmir.

4. The Code of Criminal Procedure, Samvat 1989 (Act No.23 of 1989) (hereafter "1989 Code") extends to the whole of Jammu and Kashmir State.

5. Section 5(1) of the 1989 Code states that all offences under the Ranbir Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained.

6. Section 28 of the 1989 Code states that subject to the other provisions of the Code, any offence under the Ranbir Penal Code may be tried by the High Court, or by the Court of Session or by any other Court by which such offence is shown in the eighth column of the second schedule to be triable.

7. Section 177 of 1989 Code like section 177 of 1973 Code states that every offence shall ordinarily be inquired into or tried by a Court within the local limits of whose jurisdiction it was committed.

8. Section 561A of 1989 Code deals with saving of inherent powers of the High Court which is similar to section 482 of 1973 Code.

9. Section 561B of 1989 Code like section 483 of 1973 Code states that the High Court shall exercise its Superintendence over the Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates.

10. As per section 2(e)(i) of 1973 Code, "High Court" means in relation to any State, the High Court for that State. Section 4(1)(f) of 1989 Code states that "High Court" means the highest Court of criminal appeal and revision in the Jammu and Kashmir State.

11. Therefore, if any illegality is committed during the pendency of a criminal proceeding in any Court, the High Court within whose territorial and supervisory jurisdiction such criminal Court situates can invoke its inherent power under section 482 of 1973 Code to prevent abuse of process of such Court and correct the illegality committed. If such criminal Court comes within the territorial and supervisory jurisdiction of Jammu and Kashmir High Court, section 561A of 1989 Code has to be invoked to prevent abuse of process of such Court.

12. In case of Azizabi v. St. Mother Oil Mills reported in ILR 1996 Karnataka 546, it is held that the words, 'any Court' used in section 482 Cr.P.C., must be understood to mean a Criminal Court situate within the territorial and supervisory jurisdiction of the High Court of a particular State. The High Court's existing inherent powers which are preserved by section 482 Cr.P.C. cannot extend to proceedings of the Courts outside its supervisory jurisdiction. The High Court of one State, therefore, cannot acting under section 482 of Cr.P.C. quash the complaints or proceedings pending on the file of a Court situate outside its territorial jurisdiction.

13. In case of Goyal Agencies through its Partners v. State of Uttar Pradesh and Ors. decided on 31.01.2008 by a Division Bench of Allahabad High Court, it is held as follows:-

"3.1.......Complaint which is under challenge has been filed before Judicial Magistrate 1st class,