Zulfiqar Ahmed vs Muhammad Nadeem Suit for malicious prosecution — 2024 MLD 1237 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 1237 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: Zulfiqar Ahmed vs Muhammad Nadeem Suit for malicious prosecution
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Zulfiqar Ahmed VS Muhammad Nadeem Suit for malicious prosecution---Acquittal of the plaintiff in FIR---Reasonable or probable cause in lodging FIR by the defendant---Every case, which ends in acquittal, would entitle the guiltless accused to sue for damages, as in that case, the damage caused would be beyond repair and the criminal justice system would come to a halt---As by doing so, the aggrieved person would suffer at the hands of the incompetent investigation and the people would lose the courage to register their claims and the same would in turn lead to a chaos---Burden is and would be on the person claiming damages that whether such prosecution was based on malice or not---Malicious prosecution means to obtain a collateral advantage---It is to be seen whether due to ill will or any indirect or improper motive, without any reasonable or probable cause, prosecution has instituted or FIR has been lodged---The test would not be whether the criminal proceedings instituted on false and frivolous allegations had reached the court rather would be that such proceedings had reached a stage at which damage to the plaintiff resulted, providing a tort for redressal for having been prosecuted without reasonable cause and with malice.

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