Law: Civil Procedure Code (V of 1908)

Section: 11,96

Law: Defamation Ordinance, 2002

Section: 4

Civil Procedure Code, 1908 (V of 1908)-- ----O. VII, R. 11, S. 96--Defamation Ordinance, 2002, S. 4--Suit for recovery--Application for rejection of suit--Allowed suit was dismissed--Registration of a criminal case--Acquittal from charge--Pendency of civil litigation--Entitlement for damages--Acquittal on technical grounds--Question of--Whether mere acquittal of appellant in a criminal case would confer any right upon him to sue defendant/respondent for damages on basis of malicious prosecution--Challenge to--Prosecution of a criminal offence would only provide a cause for damages for malicious prosecution to acquitted accused if it is based on malice of complainant, and that too when same is without any reasonable and probable cause has claimed that his liberty was illegally interfered into with, he suffered mental torture, agony and irreparable loss to his good reputation and honor in society due to vindication and humiliation at hands of respondent, but all these assertions made by him do not stand proved with help of any degree of evidence of a predominant nature--Acquittal of appellant (plaintiff) in said FIR was not on merit by trial Court, rather it was on technical ground, due to insufficient of evidence, under Section 249-A Cr.P.C. and as such he is not entitled to any damages--Another legal question crops up for consideration is whether termination of further proceedings and its ultimate culmination into discharge of appellant legally tantamount to his acquittal and can be made a valid base for claiming damages, or same embodies two different meanings--Judgment and decree passed by trial Court was also evaluated thoroughly by us which does not suffer from any illegalities or irregularities neither same is perverse nor ridiculous--Trial Court has passed a well reasoned in accordance with law after discussing all aspects of case--Appeal dismissed. Words and Phrases-- ----Malicious prosecution--Malicious prosecution is defined in Blacks Law Dictionary as The institution of a criminal or civil proceeding for an improper purpose and without probable cause. Malicious prosecution-- ----Ballentines Law Dictionary defines it as, The institution of any action…

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