MD SYED ALAUDDIN MIA Vs. SARUNGBAM IBOBI SINGH

JUDGEMENT

(1.) This appeal arises out of a suit for malicious prosecution, which was dismissed by the learned Trial Court. The appellant herein as plaintiff was a lessee of a lime stone quarry called Kangkhanyanbi under the Forest Department of the Government for a period of two years commencing from 1-8-1958. There is an other lime stone quarry known as Soubam under the Forest Department which was also leased out for two years from 1-8-1958 to one Khomdram Ibomcha Singh. Plaintiff constructed his kiln at a place near Ngakra Lok Stream which was situated at a distance of about 314th mile from his time stone quarry and also extracted lime stone from his quarry and burnt at the said kiln by engaging laborers. The lime powder was carried and stocked at a godown at Imphal for sale. The brother of Khomdram Ibocha Singh was also a lessee in respect of another lime stone quarry called Toupokpi and both the brothers had been competition in the market with the plaintiff. A criminal proceeding under Section 144 Cr. P.C. was started in the Court of Additional District Magistrate, Manipur and in the said preceding the plaintiff and his labourers were restrained from disturbing the possession of Khomdram Ibomcha Singh in respect of his Soubom quarry. The plaintiff transported about 70 maunds of slacked lime powder to his Imphal godown. It is alleged that the defendant No. 1 who at the relevant tile was House Station Master of Mayang Imphal Police Station supported the attempt of Khomdtam Ibomcha Singh in preventing production of lime powder and sale thereof by the plaintiff and accordingly it is alleged that the defendant No. 1 himself lodged a false First Information Report against the plaintiff and one Rahimuddin Mia, a Dafadar of the plaintiff. The F.I.R. has been quoted in paragraph 7 of the plaint wherein it was alleged that the defendant No.1 while investigating another case under the supervisions of Circle Inspector found several lime stone pieces extracted and removed away by said Rahimuddin with his labourers from the area prohibited by the Court under Section 144 Cr.P.C. of Soubom quarry. The defendant No. 1 investigating the case himself and submitted the charge sheet against the plaintiff and said Rahimuddin Mia under Section 379 I.P.C. Both the learned Trial Court and lower Appellate Court found the plaintiff and Rahimud din guilty under the said Section and convicted them accordingly. However, the Honble judicial Commissioner exercising his revisional power acquitted both the accused persons. Hence, the present suit for malicious prosecution claiming compensation of Rs. 9,000/- as damages against the defendant No. 1. The Union Territory of Manipur and the Union of India have been impleaded as defendants Nos.2 and 3.

(2.) Defendant No.1 has filed a written statement wherein he has denied all the allegations and has pleaded that inspite of the orders promulgated under Section 144 Cr. P.C. the plaintiff extracted and removed time stone from the disputed area. He has further pleaded that in good faith and in discharge of his official duties as Officer-in-Charge of the Police Station he filed the F.I.R., investigated the case and as found as case has submitted the charge sheet. He has pleaded absence of malice and has stated that he had reasonable ground for believing that the accused Persons committed the office of theft. Defendant Nos. 2 and 3 have supported the case of the defendant No.1.

(3.) The learned Trial Court framed the following 12 issues: