M. ABUBAKER Vs. ABDUL KAREEM

JUDGEMENT

(1.) The defendants in O.S.No.172 of 2003 on the file of the Principal Sub-ordinate Judge, Trichirapalli are the appellants herein. The respondent herein, namely, Abdul Kareem filed the said suit seeking compensation of a sum of Rs. 1,50,000/- from the appellants for having maliciously prosecuted him. The suit was dismissed by the trial Court vide Judgment and decree dated 13.07.2010. Challenging the same, the respondent herein filed A.S.No.114 of 2011. The first Appellate Court by the impugned Judgment and Decree allowed the appeal. Questioning the same, this second appeal was filed. It was admitted on 21.02.2013 on the following substantial questions of law :

(2.) In the place of what was formulated earlier, the following substantial questions of law were framed:

(3.) The plaintiff was a permanent resident of Pettavaithalai Village. He was employed in TWAD Board. He questioned the manner in which the local mosque was being administered. The president of the Jamath which managed the mosque was the brother-in-law of the first defendant M.Abubacker. The first defendant implicated the plaintiff and his son in Crime No.399 of 2000 under Sections 452 and 506(2) of IPC on the file of the Jeeyapuram Police Station. The plaintiff was arrested on 06.12.2000 and detained in custody for more than 24 hours. He was also suspended from service. The case was charge-sheeted and taken on file in C.C No. 165 of 2001 on the file of the Judicial Magistrate No.111, Trichy. Following his acquittal on 01.02.2003, the plaintiff issued notice dated 25.05.2002 demanding compensation for malicious prosecution from the defendants. The first defendant sent a reply dated 19.11.2000 denying the claim. Thereafter, the present suit came to be filed. The defendants filed written statement controverting the plaint averments.