case for malicious prosecution does not lie.
Secondly, the argument of counsel for the appellants is that since the
malicious prosecution ... their action was definitely malicious. He has
further submitted that for claiming damages in a suit for malicious
prosecution, the prosecution
malicious prosecution, it includes all criminal proceedings to which any oral obloquy is attached. The word 'prosecution' in the phrase 'malicious prosecution ... malicious prosecution, it includes of criminal proceedings to which any oral oblique is attached. The word prosecution in the phrase 'malicious prosecution
institute a suit for damages for malicious prosecution or to get a case
registered under Section 182 Cr.P.C.; (i) that the suit ... with the police
and thereby setting the criminal law in motion, it may
amount to malicious prosecution for which action can be
taken only after
prosecution ending in an acquittal being malicious.
Thus a plaint in a suit for compensation for malicious prosecution merely
stating that the plaintiff was prosecuted ... will or wickedness of
heart. It defines „malicious prosecution‟ as the institution of a criminal or
civil proceeding for an improper purpose and without probable
concept of malicious prosecution,
which is being done, in subsequent paragraphs.
45. Malicious prosecution is the malicious institution of unsuccessful
criminal or bankruptcy or liquidation ... malicious prosecution is the damage suffered by the
plaintiff. A claim for malicious prosecution cannot be
sustained without proof of damage. Thus, tort of malicious
view of
subsequent development, by virtue of which, proclamation under
section 82 Cr.P.C. has been ordered to be issued by the order dated ... earlier case instituted by the petitioner and being a malicious
prosecution, entire criminal proceeding deserves to be quashed and
-2-
set aside.
Issue notice
Kumar
Bench: Arun Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38995 of 2014
Arising Out of PS.Case ... Atrocities) Act.
Learned Counsel for the petitioners submits that the
criminal prosecution is malicious in nature, because of the land dispute
between the parties this
instituting a suit -
HELD, The closure of the criminal case
cannot be held as a malicious prosecution
unless it is shown that, the complaint
filed ... High Court
held closure of the Criminal Case cannot be held as
malicious prosecution unless it is shown that the
complaint filed by the defendant
only be made by
following the procedure prescribed under Section
340 of Cr.P.C.. According to him, a bare perusal ... Court to the growing
tendency of malicious prosecution in order to
wreak personal vengeance and using the criminal
justice to settle their personal scores
with the police and
thereby setting the criminal law in motion, it may amount to
malicious prosecution for which action can be taken only after ... disposal of the criminal case, wherein a specific finding is given
to that effect.
(h) With respect to malicious prosecution also, I have in
Gangadhar
