Law:

Section:

(a)    Malicious prosecution----Factors to be established by plaintiff before a decree for malicious prosecution could be awarded enumerated.Following factors must be established by the plaintiff before a decree for malicious prosecution can be awarded to him:---(i)    that the action was actuated by malice;(ii)    that the initiator acted without reasonable and probable cause;(iii)    that the plaintiff was prosecuted by the defendant on a criminal charge;(iv)    that the prosecution terminated in favour of the plaintiff;(v)    that the proceedings had interfered with plaintiff's liberty and had also affected his/her reputation; and(vi)    that the plaintiff had suffered damages.Mumtaz Ali Shah v. Chairman, Pakistan Telecommunication Company Ltd., H.Q., Islamabad and 6 others PLD 2002 SC 1060; Muhammad Yousaf v. Abdul Qayyum PLD 2016 SC 478; Raja Braja Sunder Deb v. Bamdeb Das AIR 1944 PC 1; Abdul Rasheed v. State Bank of Pakistan and another PLD 1970 Karachi 344; United Bank Limited and 5 others v. Raja Ghulam Hussain and 4 others 1999 SCMR 734 and Muhammad Yousaf v. Abdul Qayyum PLD 2016 SC 478 rel.(b)    Malicious prosecution-------Pre-requisites---Malice---Mere malice alone is not enough, there must also be shown to be absence of reasonable and probable cause and it is to be proved by the plaintiff that the prosecution was initiated without any justifiable reason and it was due to malicious intention of the defendant and not with the mere intention to carry law into effect.(c)    Malicious prosecution------Pre-requisites---In the present case the cause of action claimed in the suit had its genesis in initiation of criminal proceedings by the respondent, but mere fact that prosecution instituted by respondent/defendant against the plaintiff ultimately failed, could not expose the former to malicious prosecution, unless it was proved by the plaintiff that the prosecution was initiated without any reasonable and probable cause and it was due to malicious intention of the defendant…

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