Nagendra Kumar vs Etwari Sahu And Ors AIR 1958 Pat 329
http://indiankanoon.org/doc/285864/
8a. The object of law is the creation and protection of legal rights. Any interference with a man's right, whether with respect to his personal liberty or property is prima facie wrongful. A person as such is prima facie entitled to set the law in motion against any person, who has wronged him, either in person or property, if he does so with an honest intention of protecting his own and the public interest.
It is no doubt true that courts established for administering justice, civil or criminal should be open to every aggrieved person in. vindicating his right, but at the same time everv person has a corresponding right that he should not be harassed by legal proceedings improperly instituted against him. Law is anxious that persons should not be harassed In courts of law.
From motives of public policy, the law gives protection to persons prosecuting, even where there is no reasonable or probable cause for prosecution; but if the person abuses his privilege for the indulgence of his personal spite, he loses the protection and is liable to an action, not for the malice, but for the wrong done in subjecting another to the annoyance, expense, and possible loss of reputation by a causeless prosecution.
So, whenever the law has been set in motion, not for the bona fide purpose of vindicating justice, but there is a perversion of the machinery of justice for improper purposes, an action will be maintainable.
9. To found an action for damages for malicious prosecution based upon criminal proceedings the test is not whether the criminal proceedings have reached a stage at which they may be correctly described as prosecution; the test is whether such proceedings have reached a stage at which damage to the plaintiff results.
The mere presentation of a false complaint which first seeks to set the criminal law In motion will not per se found an action for damages for malicious prosecution. If the Magistrate dismisses the complaint as disclosing no offence with which he can deal, it may well be that there has been : othing but an unsuccessful attempt to set the criminal law in motion, but no damage to the plaintiff results.
Conditions of Liability.
(ii) that the proceedings complained of terminated in his favour, if from their nature they: were capable of so terminating; and,
(iii) that the defendant instituted or carried on such proceedings maliciously; and,
(iv) that there was an absence of reasonable and probable cause for such proceedings; and
12b. The onus of proving every one of the above conditions of liability is on the plaintiff.
http://indiankanoon.org/doc/285864/
8a. The object of law is the creation and protection of legal rights. Any interference with a man's right, whether with respect to his personal liberty or property is prima facie wrongful. A person as such is prima facie entitled to set the law in motion against any person, who has wronged him, either in person or property, if he does so with an honest intention of protecting his own and the public interest.
It is no doubt true that courts established for administering justice, civil or criminal should be open to every aggrieved person in. vindicating his right, but at the same time everv person has a corresponding right that he should not be harassed by legal proceedings improperly instituted against him. Law is anxious that persons should not be harassed In courts of law.
From motives of public policy, the law gives protection to persons prosecuting, even where there is no reasonable or probable cause for prosecution; but if the person abuses his privilege for the indulgence of his personal spite, he loses the protection and is liable to an action, not for the malice, but for the wrong done in subjecting another to the annoyance, expense, and possible loss of reputation by a causeless prosecution.
So, whenever the law has been set in motion, not for the bona fide purpose of vindicating justice, but there is a perversion of the machinery of justice for improper purposes, an action will be maintainable.
9. To found an action for damages for malicious prosecution based upon criminal proceedings the test is not whether the criminal proceedings have reached a stage at which they may be correctly described as prosecution; the test is whether such proceedings have reached a stage at which damage to the plaintiff results.
The mere presentation of a false complaint which first seeks to set the criminal law In motion will not per se found an action for damages for malicious prosecution. If the Magistrate dismisses the complaint as disclosing no offence with which he can deal, it may well be that there has been : othing but an unsuccessful attempt to set the criminal law in motion, but no damage to the plaintiff results.
Laying the information before the Magistrate, therefore, would not
be the commencement of the prosecution, unless the Magistrate issues a
summons against the plaintiff, and, when once, a summons is issued, the
commencement of the prosecution relates back to the laying of the
information. The malicious criminal prosecution, therefore, means
instituting unsuccessful criminal proceedings against any one resulting
in damage to him, if the prosecution is inspired by malice and is
destitute of any reasonable and probable cause.
Conditions of Liability.
12. On being analysed, malicious prosecution resolves itself into
the following component parts, and, therefore, the plaintiff must prove
to succeed in an action for damages for such prosecution.
(i) The prosecution by the defendant of a criminal charge against
the plaintiff before a tribunal into whose proceedings the courts are
competent to enquire; and,
(ii) that the proceedings complained of terminated in his favour, if from their nature they: were capable of so terminating; and,
(iii) that the defendant instituted or carried on such proceedings maliciously; and,
(iv) that there was an absence of reasonable and probable cause for such proceedings; and
(v) that the plaintiff has suffered damage.
12b. The onus of proving every one of the above conditions of liability is on the plaintiff.
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