GANGA DIN Vs. KRISHNA DUTT

JUDGEMENT

(1.) THE appellant Ganga Din has filed this special appeal against the judgment of a learned Single Judge in a Second Appeal with his leave.

(2.) THE plaintiff Krishna Dutt alias Ram Dutt, instituted a suit for damages for his malicious prosecution by the appel lant and certain other persons. The trial Court dismissed the suit as against other persons but granted a decree for Rs. 500/-against the appellant. The decree of the trial Court was affirmed by the lower ap pellate Court. The learned Single Judge dismissed the second appeal of the appel lant.

(3.) THE lower courts have found that the appellant lodged the first informa tion report on account of malice. There was no reasonable and probable cause for filing the report against the plaintiff. The report, so far as it implicates the plain tiff, is false to the knowledge of the appellant. The plaintiff was not present at the time of the occurrence. On those find ings the lower courts passed a Decree for damages against the appellant.