Law:

Section:

Malicious prosecution--Constitution of Pakistan (1973), Art. 185(3)---Suit for malicious prosecution---by Trial Court against petitioner was affirmed by Appellate Court below on merits, while the amount of damages was reduced---Petitioner submitted that principles on which a decree in suit for damages for malicious prosecution could be awarded had not been correctly followed by Courts below in so far as no clear finding had been given by them that prosecution launched by petitioner against respondents for theft was not without probable cause---Question raised being one of first impression, leave to appeal was granted. Abdul Rashid v. The State Bank of Pakistan and others. P L D 1970 Kar. 344 rel. ORDER NASIM HASAN SHAH, J.---The relevant facts are that in pursuance of the F.I.R. lodged by the petitioner against the respondents accusing them of the theft of his jute bags the respondents were tried under section 379, P.P.C. but were acquitted by a learned Magistrate on 30-4-1984. After they were acquitted the respondents filed a suit against the petitioner for recovery of Rs.24,000 as damages for malicious prosecution. The suit was decreed by the learned trial Court in toto but on appeal while the decree was affirmed on the…

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