ORDER

19.6.2003 — Heard.

2. This revision petition is disposed of in the following manner.

3. Defendant No. 2 in Money Suit No.2 of 1999 of the Court of Addl. Civil Judge (Jr. Division), Baramba is the petitioner and plaintiff is the opposite party No.1 in this revision. That is a suit with the claim of damage on the ground of malicious prosecution in S.T. No. 415 of 1997 of the Court of Asst. Ses¬sions Judge, Athagarh.

4. It is not disputed at the Bar that defendant No.1 was the informant and defendant No.2 was the Investigating Officer of Barmaba P.S. Case No. 24 of 1993. Defendant No.2 investigated into the case and submitted charge-sheet for the offences, inter alia, punishable under Section 436, I.P.C., and as a consequence the concerned G.R. Case No. 24 of 1993 was committed to the Court of Session, and learned Assistant Sessions Judge, Athagarh regis¬tered the case as S.T. No. 415 of 1997, conducted the trial and delivered the judgment on 15.7.1998 acquitting the plaintiff who was the accused in that case. After acquittal plaintiff has instituted the suit for malicious prosecution claiming damage to the tune of Rs. 10,000/- (ten thousands). It appears from the certified copy