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1998 Supreme(Mad) 38

J.KANAKARAJ
P. K. S. Mohammed Gani Rowther – Appellant
Versus
M. Venkatarama Iyer – Respondent


Advocates:
A.J.Abdul Razak, for Appellant. V.Sairam, for Respondent.

Judgment :

The defendant in O.S.No.579 of 1981 on the file of the District Munsif, Pudukottai is the appellant before me. The respondent (M.Venkatarama Iyer) filed the suit claiming damages for malicious prosecution. According to the respondent/Plaintiff, the appellant/defendant preferred a false complaint before the Sub Inspector of Police, Karambakudi on 21. 1979 against the plaintiff and 10 others and the same was registered in Crime No.41 of 1979 for offences under Secs.347, 148, 341, 379, 323, 324 and 307, I.P.C. It is admitted that the plaintiff got anticipatory bail on 2. 1979. It is also admitted that proceedings under Sec.107, Crl. P.C. was launched against him. Ultimately, a charge sheet was filed on 212. 1979 dropping major offences referred to in the first Information Report and seeking to prosecute the plaintiff/respondent under Secs. 147, 148, 447, 341 and 323, I.P.C. By judgment dated 8. 1980, the plaintiff and others were acquitted. According to the plaintiff/respondent, he had been prosecuted only with malice and not for genuine reason. Therefore, the plaintiff/respondent sought to realize the expenses incurred by him as well as damages for loss of reputation. The p













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