SREEDHARA Vs. JAWALA PRASAD GUPTA

JUDGEMENT

(1.) We do not think this appeal lies.

(2.) The power under S.561A of the Criminal Procedure Code is in the nature of a revisional power and an order made by a single Judge in exercise of that power is not an order in the exercise of original jurisdiction so as to attract an appeal to a ''Bench of two Judges" under clause (1) of S.5 of the Kerala High Court Act Clause (6) of S.4 is but a synopsis of clause (1) of S.5, and, in any cast has no bearing on the maintainability of the appeal. The right of appeal, and the corresponding power to entertain it are conferred by S.5 and not by S.4 which only enumerates the matters in respect of which a Bench of two Judges can exercise the powers of the High Court and has nothing to do with what powers the High Court itself has.

(3.) Appeal dismissed.