BHANWAR LAL PAREEK Vs. KRISHNA SWARUP AND OTHERS

JUDGEMENT

(1.) - This is a first appeal by the defendant against whom a decree for damages for a sum of Rs. 15,000.00 was passed by the learned trial Court by the impugned judgment and decree dated 03.09.1986 on account of a suit filed by the plaintiff-respondents for damages on the ground of malicious prosecution.

(2.) The brief facts giving rise to this appeal are that plaintiffs filed a suit stating therein that defendant-appellant maliciously filed a First Information Report on 03.07.1987(5) with Police Station Kotwali, Jaipur against the plaintiffs for the offence under Sections 147, 542 and 323, IPC. In the course of investigation, the plaintiffs were interrogated several times by the police who came to their residence and in full view of the other occupants of neighbourhood they were interrogated. They were forced to seek anticipatory bail and thereafter, the case was challaned and from 1975 to 1979 they had to attend the Court including coming from far of places when finally on 24.04.1979, the said criminal case terminated in their acquittal which was as a result of false malicious prosecution actuated on account of enmity by the defendant-appellant.

(3.) Plaintiff-respondents filed a suit for damages amounting to Rs. 20,000.00 for malicious prosecution. During the pendency of the aforesaid suit, one of the plaintiffs Smt. Chameli Devi died and, as such, trial Court did not award any compensation to the deceased Smt. Chameli Devi. The learned trial Court after recording the evidence came to the conclusion that plaintiffs were maliciously prosecuted by the defendant-appellant without any reasonable or probable cause and the said prosecution having culminated into acquittal of the plaintiffs by judgment dated 24.04.1979, the plaintiffs were held entitled to the damages of Rs. 15,000.00.