DHIRENDRA NATH MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Whether any Court fee should be paid in a suit for damages for malicious prosecution is the only point which arises for consideration in the present revisional application, which was taken up for hearing after condonation of the delay of nine days in filing the application in view of the grounds taken in the petition under section 5 of the Limitation Act.

(2.) The petitioner Dhirendra Nath Mukherjee, an M. R. Dealer at Ukhra, P.S. Andal in the district of Burdwan, was criminally prosecuted on the complaint of the Sub-Divisional Controller of Food and Supplies, Durgapur under section 406/423 of the Indian Penal Code in G.R. Case No. 1349 of 1973 of the Court of the Sub-Divisional Judicial Magistrate, Durgapur. The petitioner was acquitted by the learned Magistrate by his order dated 24.6.83. Following that the petitioner instituted a suit for damages for malicious prosecution against the opposite party, the State of West Bengal, claiming Rs.55,001/- as damages, being Money Suit No. 36 of 1983 in the Court of learned Subordinate Judge at Asansol.

(3.) Though according to the petitioner no Court fee is payable in such a suit under section 7 of the West Bengal Court Fees Act, the learned Subordinate Judge by his order No.8 dated 4.1.84 directed him to pay Court fees under clause (i) of section 7 of the Act.