Lawkidunya Banner

Damages Against Malicious Prosecution Case Laws 2006 MLD 62

2006 MLD 62 Judgment Damages Against Malicious Prosecution

2006 MLD 62 Judgment Damages Against Malicious Prosecution: Damages…Malicious Prosecution…Cancellation of F.I.R…Defendant lodged F.I.R. for cheating, misappropriation of amount and forgery against plaintiff but allegations made in F.I.R were found to be baseless hence the plaintiff was released and F.I.R was cancelled…Plaintiff sought recovery of Rs. 2-Crore as damages and compensation…Validity…Defendant knew that the allegations leveled in F.I.R were baseless and he had no evidence to substantiate his allegations, which were leveled with mala fide intention in view of the background of civil litigation pending between the parties…Plaintiff was a businessman, therefore, when he was arrested then it must have adversely affected his reputation and goodwill in business community…Arrest of plaintiff must have further destroyed his image created in his neighborhood where he was residing and in the entire business community…Plaintiff must have suffered mental shock as he was detained custody and was confined in jail, which must have further deteriorated his health and mental condition…Defendant was liable to pay compensation to plaintiff for the sufferings of plaintiff…Loss and suffering suffered by plaintiff because of filling of criminal case against him by defendant would be adequately compensated by awarding compensation of Rs. 1-Crore against defendant…Suit was decreed accordingly.
Main Ingredients of PLD 2006 MLD 62

Suit for Damages
Malicious Prosecution
Cancellation of FIR
Damages and Compensation
Adversely Affected his Reputation
Suffered Mental Shock

Advocate High Court
Mob: 0301-6001125

Leave a Reply

Your email address will not be published. Required fields are marked *