JUDGMENT :

1. The plaintiff in O.S. No. 187/1964 on the file of the Court of the District Munsiff, Cuddapah is the appellant in this Second Appeal. He filed a suit for damages for malicious prosecution against the two respondents. His case is briefly as follows:—

There were some disputes between the respondents and one Chinnabbi, the plaintiff's brother-in-law. In that connection there was a rioting on 5-3-1963. The 2nd defendant took his wife, the 1st defendant to the police station at Pendlimarri and got her to make a report against Chinnabbi and his partisans. The Plaintiff was not implicated in that report. Chinnabbi and his men were arrested by the police in consequence of the complaints of the 1st defendant. The plaintiff off red bail and got them released. The defendants were enraged by the help rendered by the plaintiff to his brother-in-law and his me???. Later when the police ‘referred’ the 1st defendant's complaint as false she filed a private compaint before the Judicial Second Class Magistrate Cuddapah on 25-4-1963 in which he implicated the plaintiff as one of the accused alleging that it was on the active instigation of the plaintiff that the other accused beat her. T