By an order, dated the 25th March, 1948, this Court dismissed an application on behalf of the petitioner under section 491, Criminal Procedure Code. The petitioner has now filed this civil miscellaneous petition on the civil side praying for grant of a certificate for filing an appeal to the Federal Court of India.

Section 3 of the Federal Court (Enlargement of Jurisdiction) Act, 1947 (Act I of 1948) gives a right of appeal to the Federal Court from any judgment to which this Act applies; and section 2(b) defines the expression “judgment to which this Act applies” as meaning “any judgment, decree or final order of the High Court in a civil case.....”

The preliminary question arises whether the order passed by us was in a civil case.

Section 491 empowers any High Court whenever it thinks fit, to direct,

“(a) that a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be dealt with according to law; and (b) that a person illegally or improperly detained in public or private custody within such limits be set at liberty;......”

The words “within such limits” clearly apply to the limits of its appellate criminal jurisdiction, as set o