MAHARAJA BOSE Vs. THE GOVERNOR-GENERAL-IN-COUNCIL

JUDGEMENT

(1.) THE suit is against the Governor -General -in -Council for damages for malicious prosecution. It was conceded that the allegation made in paragraph 6 of the plaint as to the plaintiff having been abused and assaulted by the Assistant Station Master on duty did not constitute any cause of action against the defendant.

(2.) THE plaintiff's case of wrongful arrest and malicious prosecution was as follows: He was an Inter -class passenger by the defendant's Railway from Howrah to Patna. On the evening of February 3, 1944 he boarded an Inter class compartment in the 5 Up Punjab Mail at Howrah. At about 1 a.m. on 4th the said train stopped at Asansol Railway Station when 3 Indian soldiers holding third class tickets or passes and several railway 'menials' forced their way into the said compartment and one of the soldiers forcibly occupied the plaintiff's seat. According to the plaintiff, the compartment concerned was overcrowded and he protested against this intrusion to at least two servants of the defendant who were on duty, but the latter took no steps in the matter. No sooner had the train started than the said soldiers threatened the plaintiff with violence, whereupon out of fear for his personal safety he pulled the emergency chain and caused the train to stop. The defendant's servants to whom the plaintiff had earlier complained then entered the compartment, made certain enquiries and asked the soldiers and the railway menials to vacate the compartment. While this was being done, the Assistant Station Master on duty rushed into the said compartment and on ascertaining that the plaintiff had pulled the emergency chain abused him in filthy language, without paying any heed to his explanation, and severely assaulted him. The plaintiff, said to be a renowned dancer, was on that occasion travelling to Patna to organise and take part in a dance performance in aid of the Red Cross. According to the plaintiff, the said Assistant Station Master with knowledge that the plaintiff was proceeding to Patna for the said purpose and alleging and/or assuming that he had refused to give his name and address, insplte of request, and with the help and assistance of the said other two servants of the defendant, wrongfully arrested the plaintiff, dragged him out of the said compartment and gave him into the custody of a railway policeman on the false charge of having pulled the emergency chain without reasonable and sufficient cause. The charge was one under Section 108 of the Indian Railways Act, 1890. The plaintiff was detained at the Government Railway Police Station at Asansol till 4 a.m. when he was released on his executing a personal bond after a charge -sheet had been signed by the Assistant Station Master. On or about February 23, 1944, the defendant by the said and other servants maliciously and without reasonable and probable cause preferred against the plaintifiE the said charge and had him prosecuted thereupon before an Honorary Magistrate, 1st class, Asansol. The plaintifiE was tried by the said Magistrate and ultimately acquitted on July 24, 1944. According to the plaintiff, in -the matters complained of. the said servants of the defendant were acting in the course of their employment and in the discharge of their duties as servants of the defendant and within the scope of their authority; in the alternative, the acts of the defendant's servants were subsequently ratified by the defendant. The plaintiff alleged that by reason of the acts complained of he was injured in his reputation, suffered personal injuries and indignities as well as damages. He claimed Rs. 2436/4/ - as special damages, particulars whereof were set out in paragraph 10 of the plaint. As general damages, he claimed Rs. 5,000/ -.

(3.) THE following issues were settled: '1. Is the suit maintainable? 2. Was the plaintiff prosecuted maliciously and without reasonable and probable cause? 3. Was he wrongfully arrested? 4. What damages, if any, did the plaintiff suffer for which the defendant was answerable?'