JAGDISH RATHORE Vs. NATHURAM

JUDGEMENT

(1.) This second appeal has been preferred by the defendant against the judgment of reversal passed by First Appellate Court in Civil Appeal No. 3-B/2004 dated 31 - 3 2005 whereby the judgment and decree dismissing the suit of plaintiff /respondent passed by the trial Court has been reversed and set aside and the suit of plaintiff/respondent has been decreed for Rs. 35,000/- with 6% per annum interest from 10-1-2000.

(2.) A Suit for damages on the basis of malicious prosecution was filed by plaintiff/respondent. According to the plaint averments plaintiff is a Government servant and is serving on the post of teacher in primary school. From 1967 he is serving in different schools and there was no complaint against him. His service career remained unblemished. The parents and the students pay high respect to him. In the year 1996 he was transferred from Primary School. Sindoor Khana to village Jeen. On 8-3-1997 he came to know that some report has been lodged against him in police station Chincholi and the police is searching him. On coming to know this fact he was surprised and did not believe the said information to be correct. It was beyond the expectation of the plaintiff that anybody would lodge any report against him since he has not done any criminal act.

(3.) On 9-3-1997 the plaintiff was arrested by the police of police station. Chincholi and one being enquired by him, he was informed that defendant Jagdish Prasad submitted a written report dated 2-3-1997 on the basis of which a case has been registered against the plaintiff. In the written report it has been mentioned by Jagdish Prasad that on 3-8-1996, plaintiff for no cause, slapped his daughter, namely, Priyanka and her colleague and further it has been mentioned that he inserted his hand in the panty of these two girls. A case under Sections 354 and 506 IPC was registered against the plaintiff in which he was arrested on 9-3-1997 and thereafter he was bailed out from the Court.