Law:

Section:

(a) Malicious prosecution --------- ----------Suit for damages --------- Plaintiff filed suit for damages for loss of reputation, profession causing mental torture and agony --------- Suit was dismissed by the Trial Court --------- Validity --------- Plaintiff was neither arrested nor even remained in police custody or judicial lock up --------- Plaintiff had not been able to substantiate his cause through any tangible evidence on record; he had not only to prove that the prosecution ended in his favour but also that same was without reasonable and probable cause --------- Plaintiff had also to prove any enmity, grudge, ill will, hatred or malice with the defendant --------- Order on the basis of which plaintiff had brought present suit was for discharge of accused and not an order for acquittal --------- No damages could be claimed on the basis of discharge of accused --------- Trial Court had properly appraised the evidence brought on record --------- Appeal was dismissed in circumstances. (b) Malicious prosecution --------- ----------Suit for damages --------- Requirements --------- Plaintiff had not only to prove that the prosecution ended in his favour but also that same was without reasonable and probable cause --------- Plaintiff had also to prove any enmity, grudge, ill will, hatred or malice with the defendant. (c) Criminal Procedure Code (V of 1898) --------- ----------S. 107 --------- Security for keeping peace --------- Scope --------- Proceedings under S.107, Cr. P. C were preventive in nature and not punitive. (d) Criminal Procedure Code (V of 1898) --------- ----------S. 249-A --------- "Acquittal" and "discharge" --------- Distinction. THIS JUDGMENT DELIVERED BY: MUHAMMAD GHAZANFER KHAN, JUSTICE:---------- This appeal is directed against the judgment and decree dated 11/7/2011 passed by the learned Civil Judge-VIII, D.I.Khan, whereby suit of the appellant Muhammad Jamil Khan was dismissed. 2. Brief resume of the case leading to filing of instant appeal is that the appellant Muhammad Jamil Khan filed a suit against the defendants Amanullah and Irfan Elahi for recovery of damages to the tune of Rs. five million in equal shares for loss of…

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