STATE OF MAHARASHTRA Vs. DEEPAK

JUDGEMENT

(1.) By preferring this appeal, the State has challenged judgment and decree dtd. 24/11/2005 passed by learned 2nd Ad hoc Additional District Judge, Chandrapur in Regular Civil Appeal No.167/2002.

(2.) The appeal was admitted on following substantial questions of law:

(3.) The substantial questions on law were framed on 31/10/2007 prior to filing of the cross objection. By filing the cross objection finding that respondent/cross objector is not entitled for damages towards malicious prosecution is challenged. After hearing learned counsel Shri Amol Mardikar for the respondent/cross objector on cross objection, the following substantial question of law is additionally framed: Whether the Trial and First Appellate Courts committed an error in rejecting relief of damages claimed by the cross objector for malicious prosecution?