IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.544 of 2008 RAJ KUMAR SON OF LATE BHUNESHWAR PRASAD, R/O OF MOHALLA PRASAD BIGHA, AT, P.S. AND DISTRICT NAWADA ……..PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DIVISIONAL COMMISSIONER, MAGADH DIVISION, GAYA 3. THE DISTRICT MAGISTRATE, NAWADA 4. THE DISTRICT ARMS MAGISTRATE, NAWADA 5. THE SUPERINTENDENT OF POLICE, NAWADA 6. THE OFFICER-IN-CHARGE, NAWADA POLICE STATION, NAWADA …….RESPONDENTS. ----------- 2. 19.02.2009 This Criminal writ application has been filed for quashing the order dated 3.1.2008 passed by the Divisional Commissioner in Arms Appeal No.85 of 2007, whereby the appeal preferred against the order of the District Magistrate for release of the rifle has been dismissed. Mr. Alok Kumar Sinha, appears on behalf of the petitioner. State is represented by A.C. to A.A.G.VI. Such a writ application is registered as a Civil writ application, but the petitioner has chosen to file Criminal writ application. According to petitioner’s Counsel, there is no difference between the Criminal writ application and Civil writ application. It has also been pointed out that such an application filed by the petitioner was entertained earlier in Cr.W.J.C.No.797 of 2006. An order of the nature impugned in the present writ application is always entertained as a Civil writ application. True it is that earlier the application filed by the petitioner was 2 entertained as a Criminal writ application, but that itself shall not mean that such a case shall be registered as Criminal writ. In that view of the matter, I am of the opinion that Criminal writ is not maintainable and it is dismissed accordingly. However, the petitioner, if so advised, may file a Civil writ application. Let a copy of this order be sent to the Stamp Report Section for needful. Narendra/ (Chandramauli Kr. Prasad, ACJ.)