KHAIRA MUHAMMAD vs KHUDAI DAD Essential elements — 2026 MLD 962 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 MLD 962 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: MLD
Parties: KHAIRA MUHAMMAD vs KHUDAI DAD Essential elements
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

KHAIRA MUHAMMAD VS KHUDAI DAD Essential elements---Reasonable / probable cause and malice---Scope---Malicious prosecution is a tort recognized under principles of English common law which provides remedy to a person subjected to criminal prosecution without reasonable and probable cause and with malice---For successful claim of malicious prosecution, plaintiff must establish: (i) prosecution was initiated against him; (ii) prosecution ended in his favour; (iii) prosecution was initiated without reasonable and probable cause; and (iv) prosecution was actuated by malice---Absence of reasonable and probable cause alone is not sufficient to prove malice---Malice is a subjective state of mind which may be inferred from surrounding circumstances but such inference must be supported by credible evidence---Acquittal of accused by itself does not establish malicious prosecution---In present case, petitioner was prosecuted and subsequently acquitted, however, failed to prove absence of reasonable and probable cause and existence of mala fide intention---Registration of FIR and initiation of criminal proceedings could not be termed without probable cause where deceased had sustained firearm injuries and matter was investigated through regular process---Mere acquittal did not establish that prosecution was malicious---Appellate Court rightly applied settled principles of law while setting aside judgment and decree of Trial Court---Revision petition was dismissed, in circumstances.

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