Malicious prosecution...

2016 CLC 1936
MALICIOUS PROSECUTION....
Ingredients ...Ingredients to establish malicious prosecution were; the plaintiff were prosecuted by the defendant;
That prosecution ended in favour of the plaintiff;
That defendant acted without reasonable and probable cause;
That defendant was actuated by malice and that that the proceedings had interfered with plaintiff's liberty and had also affected his reputation and plaintiff had suffered damages.

: 2017 M L D 120 [Lahore]

Before Muhammad Khalid Mehmood Khan and Shahid Bilal Hassan, JJ

Rana SHAUKAT ALI KHAN and 2 others---Appellants

Versus

FAYYAZ AHMAD and 3 others---Respondents

(a) Malicious prosecution---

----Suit for damages---General damages---Plaintiffs filed suit for damages on the ground that they were involved in the criminal case with mala fide intention through supplementary statement---Suit was dismissed by the Trial Court---Validity---Act of defendant to involve the plaintiffs in the incident of dacoity was mala fide---Charge against the plaintiffs was wrong to the knowledge of defendant---Defendant had tried to influence the police to send the innocent plaintiffs to jail---Malice on the part of defendant had been proved---Plaintiffs were discharged after long investigations---Plaintiffs procured pre-arrest bail and they remained under threat of arrest in case of withdrawal of concession of bail by the court---Court had power to grant general damages to the plaintiffs in circumstances---Damages/compensation was granted to the extent of Rs. 10,00,000/ to the plaintiffs---Appeal was allowed in circumstances.
            Anwarzeb v. Mushtaq Ahmed 2014 CLD 1632; Dr. Anwar Zada and others v. Mst. Yasmeen and others 2015 YLR 1263; Sufi Muhammad Ishaque v. The Metropolitan Corporation, Lahore through Mayor PLD 1996 SC 737; Hafiz Hakim Muhammad Fayaz v. Akbar Ali 2006 CLC 489 and United Bank Limited and 5 others v. Raja Ghulam Hussain and 4 others 1999 SCMR 734 ref.
            Pandit Gaya Parshad Tewari v. Sardar Bhagat Singh and another Privy Council, 1908 (35) L.R.-I.A. 189; AIR 1947 PC 108; Abdul Majeed Khan v. Tawseen Abdul Haleem and others 2012 CLD 6 and Niaz and others v. Abdul Sattar and others PLD 2006 SC 432 rel.
(b) Malicious prosecution---

----Ingredients---Ingredients to establish malicious prosecution were; that plaintiff was prosecuted by the defendant; that prosecution ended in favour of plaintiff; that defendant acted without reasonable and probable cause; that defendant was actuated by malice; that the proceedings had interfered with plaintiff's liberty and had also affected his reputation and plaintiff had suffered damages.