CHARAN SINGH Vs. DEV RAJ

JUDGEMENT

(1.) THIS is an appeal arising out of the judgment of the District Judge, Jullundur, who confirmed the finding of the trial Court and dismissed the suit of the plaintiff for malicious prosecution by the defendants.

(2.) THE plaintiff claimed that he was criminally prosecuted for an offence of conspiracy to murder one Bhagu, on the statements of defendants No. 1 and 2, under section 161 of the Code of Criminal Procedure hereinafter referred to as the Code). It was set out in the plaint that the first information report was lodged by Hazara Ram, and the name of the plaintiff did not find mention. The plaintiff was acquitted by the Criminal Courts. The plaintiff contended, he was falsely implicated without any reasonable and probable cause by defendants, he had to suffer jail for fifteen days before he was released on bail. The plaintiff claimed Rs. 5,000/- as damages for malicious prosecution.

(3.) THE trial Court came to the conclusions that as defendants No.1 and 2 did not prosecute the plaintiff, no suit for damages for malicious prosecution was maintainable. Resultantly the suit was dismissed.