Khaira Muhammad vs Khudai Dad Essential elements — 2026 MLD 962 QUETTA-HIGH-COURT-BALOCHISTAN

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Khaira Muhammad VS Khudai Dad Essential elements --- Reasonable / probable cause and malice--- Scope--- Malicious prosecution is a tort recognized under the principles of English common law, which provides a remedy to individuals who have been subjected to criminal prosecution without reasonable and probable cause and with malice---To bring a successful claim for malicious prosecution, it is essential for the plaintiff to establish: (i) that they were prosecuted; (ii) that the prosecution ended in their favor; (iii) that the prosecution was initiated without reasonable and probable cause; and (iv) that it was actuated by malice--- Absence of reasonable and probable cause alone is insufficient to prove malice; while it may serve as arelevant circumstance, but the plaintiff must prove malice, defined as a wrongful or improper motive--- Malice is a subjective state of mind and may be inferred from surrounding circumstances, but inference alone must be supported by credible evidence--- Therefore, even where reasonable cause may appear weak or absent, a claim for malicious prosecution cannot succeed unless mala fide intent is clearly demonstrated---In the present case, the first two elements are not in dispute: the petitioner / plaintiff was prosecuted and subsequently acquitted--- However, as remaining elements, specifically the absence of reasonable and probable cause, and the presence of malice , the petitioner / plaintiff failed to discharge the burden of proof--- A perusal of the FIR and the facts narrated therein revealed that the respondents had reasonable grounds to suspect the involvement of the petitioner and his co-accused in the events surrounding the death of person mentioned in FIR (deceased) --- It was admitted fact that the deceased was initially injured by receiving bullet injuries, after which he succumbed to his injuries --- In such circumstances, the lodging of an FIR and initiation of criminal proceedings could not be deemed as lacking in probable cause--- Additionally, there was no evidence on record to support the assertion that the FIR was lodged with malafide intent--- On the contrary, the FIR was registered pursuant to an order of the Ex-Officio Justice of Peace under S.22-A Cr.P.C., and the matter proceeded through a regular investigation, culminating in submission of a challan and a full trial --- If the complaint had been found to be frivolous or baseless, the investigating agency would have discharged the petitioner (accused / plaintiff) at the initial stage--- The fact that the petitioner was ultimately acquitted did not, by itself, establish that the prosecution was malicious--- It is trite law that malice cannot be presumed merely from the outcome of acquittal or failure to secure a conviction ---Appellate court had rightly applied the settled legal principles while setting aside the judgment and decree of the Trial Court, which were based on sound reasoning and did not suffer from any illegality, material irregularity, or error warranting interference in revisional jurisdiction---Revision petition, filed by plaintiff was dismissed, in circumstances.

Khaira Muhammad vs Khudai Dad Essential elements — 2026 MLD 962 QUETTA-HIGH-COURT-BALOCHISTAN

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