JUDGMENT :- The suit is against the Governor-General-in-Council for damages for malicious prosecution. It was conceded that the allegation made in paragraph 6 of the plaint as to the plaintiff having been abused and assaulted by the Assistant Station Master on duty did not constitute any cause of action against the defendant.

2. The plaintiffs case of wrongful arrest and malicious prosecution was as follows : He was an Inter-class passenger by the defendants Railway from Howrah to Patna. On the evening of February 3, 1944 he boarded an Inter class compartment in the 5 Up Punjab Mail at Howrah. At about 1 a.m. on 4th the said train stopped at Asansol Railway Station when 3 Indian soldiers holding third class tickets or passes and several railway menials forced their way into the said compartment and one of the soldiers forcibly occupied the plaintiffs seat. According to the plaintiff, the compartment concerned was overcrowded and he protested against this intrusion to at least two servants of the defendant who were on duty, but the latter took no steps in the matter. No sooner had the train started than the said soldiers threatened the plaintiff with violence, whereupon out of fear f

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