Madras High Court
Kandasami Asari And Ors. vs Subramania Pillai on 21 November, 1902
Equivalent citations: (1903)13MLJ370
JUDGMENT
1. The defendants presented a petition to the Divisional Deputy Magistrate giving him information that it was necessary that security should be taken from the plaintiff and others under Sections 107 and 110, Criminal Procedure Code. The Deputy Magistrate referred the petition to the Sub-Magistrate for enquiry and report as to the truth of the allegations in it. On receipt of his report the Deputy Magistrate recorded his opinion that no further action was necessary, and no further action was taken. It is therefore clear that whatever other remedy the plaintiff may have, an action for damages for malicious prosecution will not lie. To sustain such an action there must have been a prosecution by the defendants of the plaintiffs for an offence. The second appeal is allowed ; and the suit dismissed with costs throughout.