Law:

Section:

(a) Tort--Malicious prosecution---Requirements of action for. In an action for malicious prosecution, the plaintiff is under the onus to show that (i) he was prosecuted by the defendant on a criminal charge, (ii) the prosecution terminated in the plain tiff's favour, (iii) the prosecution was malicious and (iv) the prosecution was without reasonable and probable cause. (b) Tort-Malicious prosecution-Reasonable and probable cause for prosecution-Question whether same existed or not to be determined independently of fact that conviction in criminal proceedings was secured in Court of first instance and acquittal was obtained only on appeal-[ladubar Singh and others v. Sheo Saran Singh I L R 21 All. 26 ; Shama Bibi v. Chairman of Baranagore Municipality (1910) 6 I C 675 ; Sowrendra Mohan Sinha v. Soshi Bhusan Keor and others A I R 1919 Cal. 134 ; Jagnarain Dubey v. Bidapat Dubey A I R 1923 Pat. 344 ; Dhanjishaw Rattani Karanji v. Bombay Municipality and others A I R 1945 Born. 320 ; Halsbury's Laws of England. Vol. 25. 3rd Edn., p. 355 and Reynolds v. Kennedy (1784) 1 Wits 232 dissented from]. The question of reasonable and probable cause for the prose cution is an independent question and should not be regarded as finally answered in the defendant's favour on the ground only that a conviction was secured in the Court of first instance. The question of the existence or otherwise of reasonable and probable cause should be determined independently of the fact that though the plaintiff was acquitted in appeal, his trial had originally resulted in conviction by the Court of first instance. In an action for malicious prosecution the judgment has to rest on the determination of two points, that is, (i) whether the prosecution of the plaintiff was malicious, and (ii) whether this prosecution was without reasonable or probable cause. Jadubar Singh and others v. Sheo Saran Singh I L R 21 All. 26; Shama Bibi v. Chairman of Baranagore Municipality (1910) 6 1 C 675; Sowrendra Mohan Sinha v. SoshI Bhusan Koer and others A I R 1919 Cal. 134; Jagnarain Dubey v. Bidapat Dubey A I R 1923 Pat. 344; Dhanjishaw Rattanji Karani v. Bom bay Municipality and others A I R 1945…