revision arising out of suit for damages on account of malicious prosecution.
2. Briefly stated, the facts are that the plaintiff filed suit for recovery ... damages on account of malicious prosecution alleging therein that he was elected Sarpanch of Village Mansa Khurd and was vested with the control and supervision
reproduced as follows:-
"Section 295-A
295-A. Deliberate and malicious acts, intended to
outrage religious feelings of any class by insulting its
religion ... religious beliefs.--Whoever, with deliberate
and malicious intention of outraging the religious feelings
of any class of [citizens of India], [by words, either spoken
allegations that in instituting the criminal complaint against him the respondent acted maliciously and without any reasonable or proper cause. The appellant had to incur ... disclose any cause of action?
(3) Whether the plaintiff was prosecuted maliciously and without any reasonable and probable cause?
(4) If issue
filed a suit for recovery of ` 5,00,000/- for his
alleged malicious prosecution by the petitioner in FIR No. 118 dated ... plaintiff is entitled to
recover ` 5,00,000/- for his alleged malicious prosecution by the petitioner,
was on him. He was required to discharge
recorded by both the Courts below holding that the defendant-appellants have maliciously prosecuted the plaintiff-respondent with an oblique motive as they had filed ... suit for recovery of Rupees one lac as compensation and damages for malicious prosecution against the defendant-appellant alleging that on 7.11.1989 the father
books relating to
Ancient Hindu Culture and there was no deliberate or malicious
intention of the petitioners while writing/publishing the life history ... counsel for the
petitioners also submits that there was no deliberate and malicious
intention to outrage the religious feeling of any religion or individual.
While
concurrently.
6. In order to succeed in a suit for damages for malicious
prosecution, plaintiff has to prove:-
a) that the plaintiff was prosecuted ... termed as prosecution. The
requirement under the law for claiming damages for malicious
prosecution is that there must be a prosecution of a criminal case
Penal Code against the plaintiff-appellant so as to award damages for malicious prosecution to the plaintiff. Unless these two requirements of law are satisfied ... possible to sustain the claim of the plaintiff-appellant for damages for malicious prosecution.
2. The facts of the case necessary to decide the appeal
suit was originally filed by the respondents herein
claiming damages for malicious prosecution. The suit was decreed and
`50,000/- each were awarded as damages ... malicious prosecution in
favour of the respondents. During the pendency of the suit itself, Bant Singh
had expired and the present appellants had stepped
Section 295-A are not
attracted as there is no deliberate or malicious act on the part of the
petitioner No.1 to hurt ... reproduced as under :-
" Section 295-A . Deliberate and malicious acts, intended
to outrage religious feelings of any class by insulting its
religion or religious
