KRISHNA GUPTA Vs. D D SADHOTRA

JUDGEMENT

(1.) In this batch of appeals a question of law of pristine importance has been raised, namely, 'whether the period of limitation for filing a suit for damages founded on malicious prosecution commences from the date of acquittal order passed by the trial court or from the date of dismissal of the appeal filed by the complainant or State against the acquittal order within the meaning of Article 23 of the Jammu and Kashmir Limitation Act, 1963 (for brevity 'Limitation Act'). It is pertinent to notice at the outset that CIA No. 25/2000 along with CMA Nos. 226/2000 and 5/2009 was dismissed on account of non-appearance on 29-7-2009. Therefore, the order in respect of respondent No. 2-State of Jammu and Kashmir, has attained finality because no effort has been made for revival of that appeal although period of more than 4 1/2 years have passed.

(2.) In order to put the controversy in its proper perspective few facts may first be noticed. There was an officer with the name of Shri D. D. Sadhotra - plaintiff-accused. He filed a suit for damages based on malicious prosecution against Shri A. C. Gupta, the then Superintendent of Police (now represented by L. R.-Krishna Gupta-appellant) alleging that at the instance of one Shri Ashok Kumar Thusoo-respondent No. 3 a case FIR 1/1976 was registered against the plaintiff-accused by the Anti-Corruption Organization under Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act, Svt. 2006. In pursuance of registration of the FIR, Shri A. C. Gupta along with other officers of his department conducted a raid to recover the bribe money from the plaintiff-accused. This led to the arrest of the plaintiff-accused and his detention in the lock up for three nights and two days. As a necessary consequence the trial commenced and he was acquitted on 22-12-1980 by the trial Court. Against the acquittal order passed by the trial Court the State of Jammu and Kashmir filed acquittal appeal before this High Court which was dismissed vide order dated 24-12-1983, upholding the acquittal order.

(3.) After the acquittal order attained its finality the plaintiff accused Shri D. D. Sadhotra filed a suit for damages and compensation, alleging that the registration of FIR and subsequent presentation of challan had emanated from malice. Accordingly a claim for damages founded on malice prosecution was made by filing the suit on 31-3-1984. The suit has been decreed by the learned First Additional District Judge Jammu vide judgment and decree dated 22-9-1999, awarding a sum of Rs. 2 lacs with costs against all the three defendants, namely, Shri A. C. Gupta, the State of Jammu and Kashmir and Shri Ashok Kumar Thusoo.