Law: Criminal Procedure Code (V of 1898)

Section: 119

Malacious prosecution---Suit for damages---Pre-conditions---Criminal court, of---Plaintiff claimed to face humiliation, defamation and also sustained mental anguish and also suffered physically as well, due to registration of F.I.R. against her, although she did not face any trial---Effect---For maintaining suit for malicious prosecution, it was absolutely necessary that plaintiff should have been prosecuted by defendant---Even in a case where police prepared a charge sheet against plaintiff but did not send him up for trial, such person could not be said to have been prosecuted, so also where police had arrested a person on complaint of somebody but itself let him off on bail and subsequently that person was discharged on submission of final report, there was no prosecution as to find action of malicious prosecution---Merely setting law in motion by making appeal to some person clothed with judicial authority in regard to any matter or merely giving information to police which induced the latter to launch investigation would not constitute prosecution---In an action for damages on account of malicious prosecution, of criminal court was not admissible in evidence except for the purpose of finding out whether or not decision in criminal case was in favour of plaintiff---Not only that Judgment of criminal court had to be ignored altogether but it could not be relied upon as conclusive for deciding civil suit for malicious prosecution---Civil court had to go into the matter on the basis of evidence adduced before it in civil suit independently of the view expressed by criminal court---Observations of criminal court or reasons on which acquittal was based was not to be accepted as conclusive---Plaintiff failed to make out a case of damages against defendant---Suit was dismissed in circumstances. ORDER MAQBOOL BAQAR, J.---The instant suit has been filed in forma pauperis, seeking a decree against the defendant for payment of Rs.1,00,00,000 (Rupees One Crore) as damages for maliciously prosecuting the plaintiff by lodging an F.I.R. bearing No.52 of 2004 with Police Station City Court for offences under section 506-B, P.P.C. The brief facts of the plaintiff's case are…

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