Curgenven, J.

1. The 1st plaintiff appeals against the dismissal of his suit filed for damages for malicious prosecution against the 1st defendant, now respondent, and two others. The case arose out of a disturbance which took place on the 12th September, 1922, at Malayavantham village, Dharmavaram Taluk, Anantapur Distinct. Consequent upon that disturbance the 1st defendant filed a complaint, Ex. V, before the Police on the 13th September. The purport of that complaint was that the village Madigas were holding a festival on that evening and that in consequence of certain conduct of the complainants which had caused annoyance to them they came in a body to his house and made trouble there. The 1st plaintiff is himself the son-in-law of the 1st defendant and, it was alleged, identified himself with the action of the Madigas and while the disturbance was proceeding fired a shot with a revolver which injured one Venkataramappa, examined in the present case as D.W. 3. Accordingly the 1st plaintiff was made the 1st accused and other persons to the number of 17 were also included. The Police took up the case and presented a charge sheet, alleging that acts of rioting and an attemp