Law: Criminal Procedure Code (V of 1898)

Section: S. 64

  Tort-False Imprisonment-Malice on part of defendant-Magistrate (defendant) issuing in first Instance non-bailable warrants against plaintiff by way of show-cause notice for alleged offence under S. 182, Penal Code (XLV of 1860)-Extraordinary procedure adopted by Magistrate itself proof (in circumstances of case) of "bad faith."   Criminal Procedure Code (V of 1898), S. 64-Applies where an "obvious offence" is committed and there is "urgency of immediate arrest, not where offence "depends upon an inquiry."   Criminal Procedure Code (V of 1898), S. 204-Issuing warrant "in the first instance" where according to fourth column of Sch. 11, Criminal Procedure Code (V of 1898), a summons should issue-Illegal.   Judicial Officers' Protection Act (XVIII of 1850), S. 1-- Acting in ignorance of law as to one's power under an Act which officer had not studied but had only "heard of "-Officer not protected.   Limitation Act (IX of 1908), Art. 2--"In pursuance of any enactment" means "in conformity with" and not merely "pre tending to or acting under colour" of such enactment -[Pandit Shiam Lal v. Abdur Rauf A I R 1935 All. 538 rel.].   Limitation Act (IX of 1908), Art. 19-Applies to suit for damages for false imprisonment.   JUDGMENT   KAYANI, C. J.-This Letters Patent Appeal arises from a suit for damages for false imprisonment brought by Khan Ghulam Qadir Khan Khakwani of Multan, a prominent landlord and a former Zaildar, against Mr. Abdul Karim Khalid, a Magistrate of the 1st Class in Multan District. The suit was originally instituted in a Subordinate Court at Multan but after most of the evidence had been recorded, it was transferred to the High Court and was tried by Mr. Justice B. Z. Kaikaus who found the plaintiff's case true and awarded nominal damages to the extent of Rs. 500 as against Rs. 20,000 claimed by the plaintiff. The suit was instituted on the 6th of April 1956. The incident to which it relates occurred on the 14th and 15th of October 1955. The plaintiff's case in the plaint was that on the 14th of October 1955, at…