729/2009 Suit ABDUL WADOOD (Plaintiff) V/S MUHAMMAD IQBAL & ORS. (Defendant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 01-OCT-12
(a) Malicious prosecution--- ----Suit for malicious prosecution, recovery of damages and compensation---F.I.R. was registered by defendants against the plaintiffs---Trial Court acquitted the plaintiffs in connection with the F.I.R. under S. 245(1), Cr.P.C on the basis that prosecution had failed to prove the case beyond reasonable doubt---Plaintiffs instituted present suit with the contention that they had been maliciously prosecuted by the defendants by registration of an F.I.R.---Validity---Plaintiffs were acquitted by the Trial Court on account of the fact that prosecution had failed to prove the case beyond reasonable doubt---Judgment of Trial Court was silent with regard to the "malice" of the defendants and also with regard to the "falsehood" of the F.I.R.---Plaintiffs had failed to establish that there was "no reasonable and probable cause" for their prosecution---Plaintiffs had also not proved claimed special or general damages----Simple affidavit in evidence had been filed by plaintiffs without support of any documentary evidence claiming professional fee, travelling charges, business loss, mental torture/discomfort, damages on account of loss of reputation and defamation in public---Suit for malicious prosecution was dismissed accordingly.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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