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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE M.A.ABDUL HAKHIM, J
K.J. AMMINI W/o. PRAKASAN – Appellant
Versus
K. R. RAMESH S/o. C. RAVINDRAN – Respondent
JUDGMENT :
1.The defendant in a suit for damages on account of Malicious prosecution is the appellant. The plaintiff sought for total damages of Rs. 1,00,000/- under two heads from the defendant. Under the first head plaintiff claimed damages of Rs.50,000/- for injury sustained by him on account of false registration of Ext.A2 Crime No. 878/2016 of Harbour Police Station on 10.08.2016 and its conduct till the date of acceptance of Ext.A4 Refer Report by Judicial First Class Magistrate Court- I, Kochi on 18.04.2018 . Under the first head plaintiff claimed damages of Rs.50,000/- for injury sustained by him on account of the very same false allegations before the Departmental Authorities of the Cochin Port Trust, where both parties were working and the consequential delay in promotion, monetary loss and for mental agony, harassment and loss of reputation before the right thinking persons in the society.
2.The Trial Court decreed the suit in part granting damages of Rs.50,000/- with 9% interest per annum from the defendant under the first head. Though the defendant filed an Appeal before the First Appellate Court, the First Appellate Court dismissed the same confirming the judgment and d
To succeed in a suit for malicious prosecution, a plaintiff must prove the defendant acted without reasonable cause and with malice.
To claim damages for malicious prosecution, a plaintiff must prove both lack of reasonable cause and that the prosecution was initiated with malice.
In a malicious prosecution case, the prosecutor must have reasonable and probable cause to initiate the prosecution, and must not act with malice. If the prosecutor fails to establish these elements,....
Acquittal in a criminal case does not automatically imply malicious prosecution; all elements of the claim must be established.
Malicious prosecution requires proving malice and lack of reasonable cause. The court established the appellants acted without sufficient basis, resulting in damages awarded for mental anguish.
To establish malicious prosecution, a plaintiff must prove both a lack of reasonable cause and a favorable termination of the proceedings; mere acquittal does not suffice.
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