The power under S.561A of the Criminal Procedure Code is in the nature of a revisional power and does not attract an appeal to a 'Bench of two judges' under clause (1) of S.5 of the Kerala High Court Act.

Headnote:
S.561A - Criminal Procedure Code - 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.S, 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. Appeal dismissed.
Fact of the Case:

The court found that the appeal did not lie as 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.
Finding of the Court:

The court dismissed the appeal, stating that the power to entertain the appeal is 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.
Issues: The main issue was the maintainability of the appeal under S.561A of the Criminal Procedure Code and the interpretation of the relevant provisions of the Kerala High Court Act.
Ratio Decidendi: 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.
Final Decision: The appeal was dismissed.

Judgment :-

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.S, 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. Dismissed.

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