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TMI Blog1994 (10) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 14(3)(b) of the Arms Act and suspending the licence during the pendency of cancellation proceeding with immediate effect. 2. In Cr.W.J.C. No. 418/94 the petitioner has challenged the order dt. 19-3-94 passed by the Commissioner, Purnea Division, Purnea, in Arms Appeal No. 12 of 1993-94, affirming the order dt. 10-7-1994 of the District Magistrate, Purnea, in Case No. 42/93, by which the petitioner licence granted under the Arms Act to hold pistol has been suspended. 3. The only question for determination is as to whether these two applications are maintainable as criminal writ jurisdiction cases or not. 4. Learned counsel for the petitioners and the State were heard on the aforesaid point and the maintainability matter is bein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .J.C.) and Criminal Writ Jurisdiction Cases (Cr.W.J.C.), as the case may be. Thus, the Rules provide only that the applications filed under Article 226 shall be classified in two categories, i.e., civil writ jurisdiction case and criminal writ jurisdiction case. In what cases civil writ jurisdiction case should be filed and in what cases criminal writ jurisdiction case has to be filed is not mentioned in the Rules for the simple reason that it is neither possible nor desirable to classify all the cases which come before this Court in the aforesaid two categories. The question is as to whether the particular case falls under the category of C. W.J.C. or under the category of Cr.W.J.C. depends upon the nature of the right infringed and the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... civil right conferred by the civil law or by statute, and claims relief for breach thereof. A criminal proceeding on the other hand is ordinarily one in which if carried to its conclusion it may result in the imposition of sentences such as death, imprisonment, fine or forfeiture of property. It also includes proceedings in which in the larger interest of the State, orders to prevent apprehended breach of the peace, orders to bind down persons who are a danger to the maintenance of peace and order, or orders aimed at preventing vagrancy are contemplated to be passed. But the whole area of proceedings, which reach the High Courts is not exhausted by classifying the proceedings as civil and criminal. There are certain proceedings which may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l rights against another person or the State, and which if' the claim is proved would result in the declaration express or implied of the right claimed and relief such as payment of debt, damages, compensation, delivery of specific property, enforcement of personal rights, determination of status etc. (Underlines are mine) 8. Thus, from the aforesaid decision, it is clear that though the civil and criminal proceedings are not defined, there is a clear cut distinction between the two proceedings. A criminal proceeding is ordinarily one in which it carried to its conclusion it may result in the imposition of sentences; such as death; imprisonment, fine or forfeiture of property. A criminal proceeding also includes orders for mainten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocedure provided for criminal trial or proceeding is not provided under the ACT. Sub-section (7) of Section 17 contains a provision authorising a court convicting a holder of the licence for an offence under the Arms Act and Rules to suspend or revoke the licence. The suspension or revocation or cancellation are of two types; one passed by the authority under the Act and the other passed by the court at the time of convicting the holder of the licence. In the former case order is passed in a civil proceeding; whereas, in the latter case order is passed in a criminal proceeding. Thus, the proceeding for suspension or revocation of licence is a civil proceeding. By the cancellation or suspension of the licence, the holder of licence under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tutory provision and the procedure followed in such cases is not of a criminal proceeding. Similarly, so far as habeas corpus petition against the State is concerned, the nature of the proceeding would be a criminal proceeding. 11. Whether the civil writ will lie or criminal writ will lie in a given case is a procedural matter and it is well settled that on the ground of technicalities the person should not be deprived of justice. Accordingly, both the applications cannot be dismissed and the opportunity has to be given to the petitioners to convert the application into a civil writ jurisdiction applications. 12. In the result, it is held that the present criminal writ applications are not maintainable and the petitioners are given op ..... X X X X Extracts X X X X X X X X Extracts X X X X
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