Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), S. 100--Second appeal--Concurrent findings of two Courts below--Setting aside of ­Leave to appeal granted to consider contention that High Court had erred in law in setting aside concurrent findings of two Courts below. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Civil Procedure Code (V of .1908) Ss. 35-A & 100-­Penal Code (XLV of 1860), Ss. 147, 342 & 427--Criminal Procedure Code (V of 1898), Ss. 250 & 253--Damages awarded on account of alleged malicious prosecution--Discharge of accused for non-availability of prosecution witnesses--Whether amounts to complete acquittal; exoneration of respondent accused under Ss. 342, 427 & 147, P.P.C- Respondent challaned under Ss. 342, 427 & 147, P.P.C. was discharged for non-availability of prosecution witnesses; claimed damages on account of alleged malicious prosecution against petitioner on basis of order of discharge; failed in Trial Court/Appellate Court but was awarded damages in second appeal--Leave to appeal granted to consider contentions that respondent had failed to make out case of malicious prosecution; that order of discharge for non-availability of prosecution witnesses did not amount to acquittal and complete exoneration of respondent in the case; that complaint not having been thrown out on merits, it was duty of Court to procure attendance of witnesses as it was a police case and petitioner could not be blamed/held guilt of malicious prosecution; that High Court erred in law in setting aside concurrent findings of two Courts below in second appeal; that impugned was not based on evidence and that respondent had failed to prove damages claimed by him as per allegations in plaint. --[ Damages--Malacious prosecution]. ORDER MIAN BURHANUDDIN KHAN, J--This petition is directed against the judgment and decree passed by a learned Single Judge of the Sind High Court dated 29-6-1986 in Second Appeal No.3 of 1984. 2. The petitioner, being one of the Directors of Shalimar Silk Mills Limited had lodged a report, by telegram on 11-10-72 against respondent No.1 and some other workers of the petitioner's…

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