AMAR SINGH Vs. BHAGWATI

JUDGEMENT

(1.) This first appeal is directed against the Judgment and Decree dated 30-10-92 of the District Judge, Bharatpur in Civil Suit No. 58/88 for recovery of Rs. 25,000/- as damages for malicious prosecution which was dismissed.

(2.) The facts leading to this appeal, briefly stated are that plaintiff appellant instituted a suit for damages for malicious prosecution launched in a criminal case arising out of FIR No. 466/86 lodged by defendant at Police Station Kotwali (Bharatpur) on 22-9-86 for offence punishable under S. 435, I. P. C. The case of the plaintiff as per the plaint is that aforesaid FIR was totally false because the defendant had pressurised upon the police by adducing false evidence which resulted in filing of challan against the plaintiff for offence under S. 435, I. P. C. and for which he had to apply for anticipatory bail twice before the trial Court and once before the High Court and whereupon he had incurred expenses for advocates fees, and the launching of such false prosecution by the defendant culminated into acquittal in his favour by Judgment dated 26-11-87 in Sessions Case No. 26/87. The plaintiff therefore pleaded that his acquittal is the outcome of malicious prosecution which was launched by the defendant in order to wreck vengeance which caused physical as well as mental agony for which he is entitled to damages for such malicious prosecution by way of a decree for Rs. 25,000/- against the defendant.

(3.) The defendant contested the suit by contending inter-alia that she lodged a true and correct FIR with no malice on her part because she along with other witnesses Jagannath and Parbhati etc. had seen the plaintiff running after setting her hut and sheds ablazed. She admitted to have lodged FIR resulting into investigation and production of challan at the instance of the police and then conducting of trial by the Criminal Court. She denied to have any knowledge as to grant of bail and acquittal of the plaintiff by the trial Court.