RADHU NAIK Vs. DHADI SAHU

JUDGEMENT

(1.) THIS is a plaintiffs Second Appeal arising out of a suit for malicious prosecution against the reversing judgment of Sri J. K. Biswas, Civil Judge, Keonjhar State, in Civil Appeal No. 15 of 1947.

(2.) THE plaintiff brought the suit for recovery of Rs. 300/ - as damages for malicious prosecution for having been prosecuted under Rule 81(4) of the Defence of India Rules on the information given by the defendant to the effect that the plaintiff was purchasing and selling rice in black -market without license and that on 17 -2 -46 the plaintiff had stored 17 maunds 4 seers of rice for sale in contravention of the Foodgrains Control Order, 1944 as adopted by this State. The police investigated matter and brought a charge -sheet. The prosecution ended in acquittal by the judgment of the Sub -divisional Magistrate (Ex. 2).

(3.) THE defence was that the occurrence was true, that the plaintiff really sold 40 maunds of rice on 15th and 16th February 1946, to the Agents of Companies at Ghasipura and again when he was attempting to transport 10 bags of rice on the night of 16 -2 -46 he informed the police to visit the spot and seize the rice.