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1975 Supreme(Ori) 9

S.K.RAY
Ramesh Chandra Singh Mohapatra – Appellant
Versus
Jagannath Singh Mohaoatra – Respondent


Advocates Appeared:
R.N. Singh, for Appellant:S.S. Basu, for Respondent.

Judgement

JUDGMENT :- Plaintiff in a suit for malicious prosecution is the appellant. The sole defendant in the suit is his father.

2. Plaintiff claimed damages of Rs. 10,000/- for much mental agony and pain due to false accusation by the defendant resulting in loss of education of the plaintiff who was then reading at Cuttack , and a sum of Rs. 250/-towards special damages as described in Sch. A that is to say Rs. 150/- the sum paid to the lawyer in defending himself in the alleged false prosecution, Rs. 50/- towards miscellaneous expenses and another sum of Rs. 50/-towards expenses in attending Court. His averments in the plaint leading to his aforesaid claim may be stated briefly- The defendant made false allegations before the police, Mahulpali Police Station in the month of April and June, 1962 that the plaintiff and his elder brother were creating disturbance by quarrelling with him, threatening him to take possession of his properties by driving him out from the house and further threatening him to take away his life . Pursuant to these false allegations the officer-in-charge of Mahulpali police station sent a report to the S. D. O. whereupon a proceeding under Section 107, Cr













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