Law:

Section:

Malicious prosecution---- ----Proof---Pre-requisites--No allegation of specific mala fide on account of any personal grudge attributed to any of the defendants which was basis for registration of a criminal case against the petitioner---Case was registered on the basis of the complaint received by Martial Law Authorities who had directed the authorities to get a criminal case registered against the petitioner---Court convicted the accused but acquitted in appeal on the ground that it was a case of civil liability--­Petitioner filed suit for damages on the ground of malicious prosecution­--Suit was dismissed by Trial Court and appeal was dismissed by High Court---Validity---Such registration of case would not by itself be proof of the same being malicious unless it was proved through evidence that the same was motivated by personal grudge against the petitioner--­Appellate Court had not found that the amount, the subject matter of F.I.R., was not due from the petitioner rather a finding was recorded that the department could recover the excess amount by resorting to the civil proceedings---If the authorities in Education Department on the direction of Martial Law Authorities had got a criminal case registered, the same could not be malicious prosecution, particularly when the Trial Court convicted the petitioner which itself was proof of the fact that there existed reasonable grounds to lodge F. I. R. ---Judgments and decrees passed by the Trial Court and High Court were maintained. JUDGMENT MUNIR A. SHEIKH. J.---A suit filed by the petitioner for recovery of an amount of Rs.200,00.000 (two crores) as damages for malicious prosecution was dismissed by the trial Court through judgment dated 14-12-1995 against which appeal filed by the petitioner has been dismissed by a Division Bench of the Lahore High Court through the impugned judgment, dated 16-2-2000 against which leave is sought. 2. A case was registered against the petitioner under sections 468, 471, 420 and 406, P.P.C. vide F.I.R. No.562/79 on 13-10-1979 lodged at Police Station, Mughalpura, Lahore, at the instance of the respondent No.3. The allegation against the petitioner was that he was allowed to…

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