Law:

Section:

Defamation-- ----Suit for recovery of damages for malicious prosecution--Dismissed--Appeal--Dismissed--Conviction--Acquittal by lack of evidence--Defective investigation--Concurrent findings--A plaintiff is bound to prove mala fide, unwanted criminal prosecution, and that criminal proceedings terminated in his favour resulting in his honourable acquittal--When a criminal Court acquits an accused it passes an order by arriving at a definite conclusion that criminal prosecution is falsely lodged and accused is falsely implicated or it may by extending benefit of doubt acquit an accused--In latter case, charge could not be considered as mala fide but fails due to some defective investigation by police or for any other reason connected therewith--I find that concurrent findings of both Courts below on material issues are based on proper appreciation of evidence on record and thus are well founded which in my view needs no interference by this Court in this revisional jurisdiction because both impugned s and decrees neither suffer from any miscarriage of justice nor misreading/non-reading of evidence on record nor I find any jurisdictional error or illegality or material irregularity--Petition dismissed. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, JUSTICE---.--- Through the instant revision petition, petitioner has challenged the validity of judgment and decree dated 03.06.2006 passed by the learned District Judge/ Zilla Qazi, Dir Upper whereby his appeal against the judgment and order passed by learned Civil Judge Illaqa Qazi, Dir Upper dated 19.05.2005 for recovery of damages claimed to the tune of Rs.300,414/- has been dismissed. 2. Brief facts of the case as per the instant revision petition are that petitioner filed a suit against the respondent for recovery of damages for malicious prosecution with the plea that the respondent have lodged an FIR Bearing No. 55 on 22.03.1999 u/S. 377/511 PPC on the basis of which petitioner was convicted by the learned Additional District Judge/IzafiZilla Qazi, Upper Dir. Thereafter, petitioner approached this Court and vide order dated 01.03.2002 he was acquitted. Respondent/defendant was put on notice, who contested…

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