MANIK DAS Vs. DILIP BISWAS

JUDGEMENT

(1.) HEARD Mr. A. Das Gupta, the learned Counsel appearing for the appellant (defendant No.5). Also heard Mr.S.M. Chakraborty, the learned Senior Counsel appearing for the plaintiff (respondent).

(2.) AFTER the plaintiff was acquitted in a criminal case filed against him by the appellant, the Money Suit No.6/2007 was filed by him claiming damage for malicious prosecution against the informant and the conniving police officers. Earlier on the basis of the F.I.R. lodged by the appellant (respondent No.5), the plaintiff was taken into custody in the Belonia P.S. Case No. ST 21(ST/B)/ 2006 and he was made to suffer humiliation amongst his co-villagers. Eventually the plaintiff was acquitted by the learned Addl. Sessions Judge, Belonia on 26.8.2006 in that case and in the acquittal judgment, the following observation was recorded by the learned Trial Court:

(3.) IN the written statement filed by the appellant, apart from the usual denial, it was stated that the criminal case filed against the plaintiff was compromised by the parties and therefore the damage suit is not maintainable.