Does section 1292(a)(1) of the Criminal Code apply to an appeal from denial of an injunction to enjoin a criminal investigation?

Nor do we think appellants fare better under sections 1292(a)(1) or 1292(b). We have construed the former section not to authorize appeals from denial of a similar attempt to enjoin a grand jury criminal investigation. In re Grand Jury Investigation of Violations, 318 F.2d 533, 536 (2d Cir.), cert. dismissed, 375 U.S. 802, 84 S.Ct. 25, 11 L.Ed.2d 37 (1963). Appellants rely on Dostal v. Stokes, 430 F.2d 1299 (6th Cir. 1970), and the analogy of habeas corpus proceedings to support their claim that section 1292(a)(1) confers jurisdiction. But Dostal appears to have been appeal from denial of an injunction in a civil action brought under 42 U.S.C. 1983. It is true that habeas corpus proceedings are regarded as civil, e. g., Fay v. Noia,372 U.S. 391, 423-24 & n.34, 83 S.Ct. 822, 9 L.Ed.2d 837 (1963), a classification now explainable perhaps as much by history as by logic. ⁴ But this is not a habeas corpus proceeding because appellants are neither in custody nor under restraint.