RIZWAN SHAH Vs. SHWETA JOSHI

JUDGEMENT

(1.) The present appeal has been filed by the appellant under section 96 of the Code of Civil Procedure 1908 against the judgment and decree dated 30.01.2010 passed by learned ASJ, dismissing the suit of the appellant claiming damages for his malicious prosecution by the respondents herein.

(2.) The brief facts that are necessary to be noticed for disposal of the present appeal are that on 22.10.1999, FIR No. 748/99 under sections 363/366/376/511/506 IPC was registered against the appellant in Police Station Patel Nagar on a complaint lodged by respondent no. 3 Satish Joshi alleging that his daughter respondent no.1 Shweta Joshi has been kidnapped by the appellant. On 24.10.1999, respondent no. 1 was recovered from the house of the appellant at 1731, Second Floor, Kucha Dakhni Rai, Darya Ganj, Delhi. Her statement was recorded under section 164 Cr.P.C and after completing the investigation, challan was filed in the court indicting the appellant Rizwan Shah under section 363 IPC. After the trial, the accused (appellant herein) was acquitted by the learned trial court by a judgment dated 31.10.2001 and the judgment attained finality as no appeal was filed. Pursuant to his acquittal, the appellant served a notice dated 31.07.2002 upon the respondents for recovery of a sum of Rs. 8.5 lakhs towards malicious prosecution and defamation. Since despite service of notice, respondents failed to pay the said damages, the appellant was forced to file a suit against the respondents claiming damages to the tune of Rs. 5 lakhs alleging malicious prosecution by the respondents. The said suit was dismissed by the learned Additional District Judge vide judgment dated 30.01.2010 which has led to the filing of the present appeal.

(3.) Appellant has examined thirteen witnesses. Since the evidence of PW-1 is extremely important I deem it appropriate to reproduce the same.