Law:

Section:

  Malicious prosecution--- ----  Ingredients  to  be  proved  in  malicious prosecution---Plaintiff must prove that he was prosecuted by defendant; that prosecution terminated in his favour; that prosecution was initiated against him without reasonable and probable cause; and that prosecution was initiated with malicious intention. Malacious prosecution--- ---- Respondent's suit for malicious prosecution against petitioner was decreed and Appellate Court had affirmed that decree---Validity---Petitioner had proceeded against respondent by lodging report with the police with genuine and honest belief based upon reasonable ground of existence of circumstances which assuming them to be true would reasonably lead prudent and cautious man to conclusion that person charged was guilty of allegations levelled against him-- Such belief was further strengthened by absence of any such motive which actuated petitioner to have recourse to such step---Respondent (plaintiff) having burden upon him of proving all ingredients necessary for malicious prosecution failed to discharge such burden---Conclusion arrived at by two Courts below with regard to absence of reasonable and probable   cause   for   prosecution   was   not well-founded---Judgments and decrees of Courts below were set aside and. respondent's suit for malicious prosecution stood dismissed.   Khawaja Abdur Rashid for Petitioner. Muhamamd Haroon Lughmani for Respondent. Date of hearing: 31st March, 1996. JUDGMENT The petitioner/defendant having been aggrieved of .the judgment and decree of the two Courts below, whereby a suit for the recovery of Rs.9,820 was decreed against him for damages on account of malicious prosecution, has come to this Court through the instant revision petition. A brief resume of the case is that complainant/respondent instituted a suit for the recovery of Rs.24,820 for the malicious prosecution launched against him at -the instance of the petitioner. The petitioner lodged a report with the police which was incorporated in the daily dairy whereby certain allegations were levelled against the…