AMALDAR SINGH Vs. SABHAJIT SINGH

JUDGEMENT

(1.) This second appeal filed by the defendant arises out of a suit for malicious prosecution. The suit has been decreed by both the Courts below. The contention of the learned counsel for the appellant is that the appellant did nothing more than lodging a report in the Police and the prosecution of the plaintiffs-respondents having been launched by the Police the defendant-appellant could not be called a prosecutor, nor could be be held to be responsible for damages.

(2.) Briefly stated the facts are that the defendant lodged a report in the thana stating that on the evening of 24th May 1947 the plaintiffs entered their house, committed a theft and removed certain articles. After this report the Police investigation followed and the plaintiffs were prosecuted which resulted in their acquittal. The plaintiffs alleged that the defendant was the actual prosecutor, that the complaint was false, malicious and without reasonable and probable cause and so they claimed Rs. 575/- as damages. The defendant took the usual defence that the complaint was true and was based upon existence of the reasonable and probable cause and that it was not malicious. It was also stated, that he was not the prosecutor.

(3.) Both the Courts below have awarded a decree for Rs. 199/- and so this appeal.