P B PRABHA Vs. GIN SANKARA GIRL

JUDGEMENT

(1.) The revision petitioner during the year 1981 was working as Sub-Inspector of Police in charge of the Anthikad Police Station, in Trichur District.

(2.) While controlling the traffic at Kanjani junction, within the jurisdiction of the Anthikad Police Station, on 29-11-1981 at about 7-30 p.m. the revision petitioner, on seeing the respondent riding a scooter in a rash and negligent manner, wanted him to stop the scooter. The respondent disobeyed the signal and this resulted in the petitioner arresting him on the same day. The petitioner later released the respondent on bail. Subsequently he filed a charge sheet (the charges coming under S.279 I.P.C., S.51(A) of the Kerala Police Act, 1960, S.112 of the Motor Vehicles Act and R.386 and 36(l) and (2) of the Motor Vehicles Rules before the Additional Judicial Second Class Magistrate of Trichur. The case was taken on to file by the Magistrate. The Magistrate after trial acquitted the respondent, giving him the benefit of doubt.

(3.) The respondent thereupon instituted the suit for damages for malicious prosecution. The petitioner in his defence raised a contention that the suit is barred by limitation in view of the provisions contained in S.64 of the Police Act and hence not maintainable. The issue struck in this connection reads:--