MADAN MOHAN SINGH Vs. BHIRGUNATH SINGH

JUDGEMENT

(1.) The question for determination in this appeal is whether upon the facts found the appellant is liable in law to pay damages for malicious prosecution.

(2.) The plaintiffs brought the suit alleging that on 13th April 1945 defendant No. 5 lodged first information report before the Sub-inspector of Hunterganj thana alleging that on the previous night a dacoity was committed in his house and a suit case containing ornaments and cash was looted. The defendant asserted that he identified the plaintiffs among the dacoits at the time the offence was being committed. The police commenced investigation of the case. On 14th April 1945 the house of the plaintiffs was searched but nothing incriminating was found. The plaintiffs were arrested by the police who applied for remand before the Magistrate. The plaintiffs were remanded by the Maigstrate and kept in imprisonment for 39 days. Plaintiffs declared that the appellant had lodged false information maliciously and without reasonable and probable cause. The main ground of defence was that defendant No. 5 lodged true information at the police station and that he honestly believed that the plaintiffs had taken part in the dacioty. Upon a consideration of the evidence the Munsif held that the defendant had lodged false information at the thana, that there was no reasonable and probable cause and that the appellant was actuated by malice. The Munsif accordingly granted a decree for damages to the extent of Rs. 500 in favour of the plaintiffs. The decree has been affirmed by the Additional Subordinate Judge of Ranchi in appeal.

(3.) The main question in the appeal is whether upon the facts found there was a 'prosecution' of the respondents, upon which an action for malicious prosecution could be based.