Law:

Section:

(a) Malicious prosecution-------Damages for---Plaintiff was mentioned as one of the accused in the F.I.R.---Plaintiff after his arrest in the case remained in judicial lock-up for some period, but acquitted after trial by extending him benefit of doubt---Plaintiff's claim for recovery of damages for malicious prosecution---Proof---Police after holding detailed investigation had declared plaintiff guilty of charges and placed his name in Column No.3 of Challan submitted in Trial Court---Trial Court as well as High Court had dismissed plaintiff's application for his acquittal moved under S.249-A, Cr.P.C., during trial---Prosecution of plaintiff could not be declared to be malicious merely on ground of his acquittal in such case---Trial Court had acquitted plaintiff not on ground of registration of false case, but on ground of failure of prosecution to prove its case beyond reasonable doubt---Acquittal of plaintiff by extending him benefit of doubt would establish that defendant had not lodged such case without reasonable and probable cause and for having malice against plaintiff---Suit was dismissed in circumstances. Hicks v. Faulkner (1881) 8 QBD 167; Denning L.J. in Tempest v. Snowden (1952) 1 KB 130; Sher Muhammad v. Maula Bux 1995 CLC 1134; Sadaruz Zaman v. The State 1990 SCMR 1277; Feroze Khan v. Fateh Khan and 2 others 1991 SCMR 2220; Mahmood Akhtar v. The Muslim Commercial Bank Ltd. and another PLD 1992 SC 240; Subedar (Retd.) Fazale Rahim v. Rab Nawaz 1999 SCMR 700; Abdul Rauf v. Abdul Razzak and another PLD 1994 SC 476 and United Bank Limited and 5 others v. Raja Ghulam Hussain and 4 others 1999 SCMR 734 rel. (b) Malicious prosecution--- ----Damages for---Factors essential to be proved by plaintiff stated. The basic elements, on the basis of which a suit for recovery of an amount as damages for malicious prosecution can be accepted or rejected, are that: (a) the prosecution of the plaintiff by the defendant; (b) there must be a want of reasonable and probable cause for that prosecution; (c) the defendant must have acted maliciously i.e. with improbable motive and not to further the ends of justice; (d) the prosecution must have ended in favour of the…

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