P. V. B. RAO, J.

( 1 ) THE defendant in n suit for damages for malicious prosecution is the appellant.

( 2 ) THE defendant is a pleader of the Ganjam Bar and has a standing of over 30 years. He is the owner of a village named Sargunapally within Purusottampur police Station, and about 15 miles from Berhampur. The plaintiffs are P. W. D. contractors owning some lands and other petty business and are residents of bhabando, a few miles away from Sargunapally. On 14-6-43 at about midnight, it is alleged by the defendants some persons from Sargunapally came and informed him that his paddy at Sargunapally was looted away by the plaintiffs and about 40 others that night. On hearing the same, the defendant approached one Mr. B. R. Das, the Circle Inspector of Berhampur and reported to him about the occurrence and requested him to go and recover paddy. As Mr. B. R. Das had no jurisdiction over the place of occurrence, he declined to interfere without any permission from the Superintendent of Police. The defendant, accordingly, it is alleged, sent a telegram to the Superintendent of police at Chatrapur at about 3 a. m. This telegram is not put in evidence. At about 5 a. m. he also sent a r