729/2009 Suit ABDUL WADOOD (Plaintiff) V/S MUHAMMAD IQBAL & ORS. (Defendant)

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.