Bradswell, J.

1. The question that has been referred to us is:

In an appeal under Section 476B of the Criminal Procedure Code in a civil proceeding has the appellate Court power to remand the matter back to the Lower Court for disposal?

2. In the course of the argument reference has been made to Rama Aiyar v. Venkatachella Padayachi I.L.R. (1906) Mad. 311 : 17 M.L.J. 123. In that case it was held that a Court exercising what is therein called its appellate jurisdiction under Section 195, Criminal Procedure Code, that is under the now abolished Clause (6) of that section, had no power to remand a case for fresh enquiry. I do not, however, think that that decision can be quoted as an authority directly bearing on the point now under reference. Though Section 195(6) gave to the superior Court powers that were of an appellate character, the clause said nothing as to the powers which it gave of granting or revoking a sanction to prosecute being given to a Court as a Court of Appeal. On the other hand the new Section 476B specifically refers to the powers which may be exercised on appeal by a superior Court in a case where an inferior Court has refused to make a complaint or has dir