Law:

Section:

(a) Malicious prosecution--- ----Damages---Prosecution of a criminal offence---Probable and reasonable cause---Scope---Plaintiff filed suit for damages on the ground that he was acquitted of the charge in FIR lodged by the defendant---Suit was dismissed concurrently---Validity---Prosecution of a criminal offence would only provide a cause for damages for malicious prosecution to the acquitted accused if same was based on malice of the complainant and that too when same was without any reasonable and probable cause---Son of defendant, in the present case, was murdered for which he charged the plaintiff along with others---Investigation was conducted by the police and on completion of the same complete challan was submitted---One of the accused during investigation had even made confession---No personal enmity existed between the parties prior to the occurrence---Prosecution on the part of defendant was more than reasonable---Mere acquittal from the charge would not confer any right on the plaintiff to sue the defendant for damages on the basis of malicious prosecution---Element of malice on the part of defendant was missing in toto in the present case---Malice did not appear to be without any reasonable and probable cause---Both the courts below had rightly appreciated the case concurrently---Revision was dismissed in circumstances. Hussain Gul v. Soorat Shah and others 2014 MLD 1008 rel. (b) Malicious prosecution--- ----Elements to be taken into consideration, enlisted. Balbhaddar Singh and another v. Badri Sah and another AIR 1926 Privy Council 46; Naber Shaha v. Shamsuddin and others PLD 1964 Dacca 111; Muhammad Akram v. Mst. Farman Bi PLD 1990 SC 28; Subedar (Retd.) Fazale Rahim v. Rab Nawaz 1999 SCMR 700; UBL and 5 others v. Raja Ghulam Hussain and 4 others 1999 SCMR 734 and Rafique Ahmad Khan v. Province of Punjab through Secretary, Education and others 2004 SCMR 1065 rel. (c) Malicious prosecution--- ----Meaning. Lectric Law Library Lexicon; Dustin Mark Ammons Attorney at Law; Legal glossary; Law dictionary and Halsbury's Laws of England (Fourth Edition) Volume 45, Page 612 Para 1342 rel. (d) Malicious prosecution--- ----"Probable and reasonable cause"---…

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