SUNIT KUMAR Vs. LADU RAM SULANIA

JUDGEMENT

(1.) This appeal under Section 96, C.P.C. is preferred by the appellant plaintiff against the judgment and decree dated 21-10-2000, whereby learned Additional District Judge No. 8, Jaipur City, Jaipur dismissed the Civil Suit No. 25/97 for damages on the ground of malicious prosecution of the plaintiff by the defendant.

(2.) The relevant facts in brief are that the plaintiff filed a suit for Rs. 75.700/- as damages on the ground of malicious prosecution in the Court of learned District Judge, Jaipur City, Jaipur, on 27-2-1997 with the averments that the defendant submitted a written report Ex. (sic), at Police Station, Jothwara, Jaipur, on 29-3-1993, against the plaintiff and other members of his family with the allegations that all the accused persons named in the F.I.R. with a view to commit criminal trespass over the land of the defendant have collected empty boxes and other material, they ease near the house of the defendant and throw rotten vegetables and garbage. On restraining to do so, they abused the defendant and his family members by caste and they want to dispossess the defendant from his field. It was further averred that even today, the accused persons have committed the said offences. Police registered F.I.R. No. 107/93, under Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989 (in short the Act). After investigation, charge-sheet came to be filed only against plaintiff under Section 448, I.P.C. and under Section 3 of the Act. Charges under Section 447, I.P.C. and under Sections 3(i)(v) and (x) of the Act were framed. After trial, learned Special Judge, (S.C. /S.T. Cases) Jaipur, vide his judgment dated 27-2-1996 acquitted him.

(3.) It was further pleaded by the plaintiff that the defendant submitted this false report without reasonable and probable cause and with a malice wherein the plaintiff was arrested on 5-5-1993 and he was granted bail on 7-5-1993. While giving the details of the damages, the plaintiff claimed a sum of Rs. 75.700/-.