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2024 Supreme(Chh) 280

GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Israr Ahmed Khan Suri, S/o Enuhaq Khan – Appellant
Versus
State Of Chhattisgarh Through Collector, Ambikapur, Dist. Sarguja (C. G. ) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Amit Soni, Adv.
For the Respondent-State: Mr. Atanu Ghosh, Dy. Govt. Adv., Mr. Bhaskar Payasi, Adv.

JUDGMENT ON BOARD :

Goutam Bhaduri, J.

1. Challenge in this appeal is to the judgment & decree dated 3-9- 2021 passed by the Second Additional District Judge, Ambikapur (Surguja), in civil suit No.9-B/2015 whereby the suit filed by the plaintiff claiming damages for malicious prosecution was dismissed. Being aggrieved by such judgment, the present appeal.

2. (i) The plaintiff filed a suit against three of the State authorities wherein the defendant No.4 was also arrayed in his personal capacity. According to the plaintiff, he was working as a Principal, Oriental Public School Navagarh, Ambikapur, from 1994. It was established in 1990. The pleading shows that the school used to impart education from LKG to Class XII under the pattern of CBSE (Central Board of Secondary Education), Delhi. It was pleaded that about 1800 students were studying. In the said school, 55 teachers and 40 office staff members were working. The school was spread over in the lands situated in village Navagarh, which comprises a sports ground also. The school had a reputation that large number of students from different parts of the vicinity used to study.

    (ii) The plaintiff stated that owing to political rivalry,

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