JUDGMENT :- This, is a second appeal filed by defendant Vijay Nath against the judgment and decree dated 6th of July, 1962 passed by the Additional Civil Judge, Basti decreeing plaintiff's suit for recovery of Rs. 226.25 as damages suffered by the plaintiff on account of criminal prosecution initiated by defendant which was false, malicious and had been initiated without any reasonable or probable cause.

2. It is said that the defendant Vijay Nath filed a complaint against the plaintiff alleging that on 26th March, 1960 at about 8 a. m. two bullocks belonging to Damodar Das were grazing the sugar-cane crop grown in Vijai Nath's field. When Vijay Nath after apprehending these bullocks was taking them to kine-house, Damodar Das stopped Vijay Nath and asked him not to take the bullocks to the kine-house. Vijay Nath did not agree to this. Damodar Das raised an alarm on which certain persons, who along with Damodar Das are plaintiffs in the suit reached there. They snatched the bullocks and beat Vijay Nath who received a number of injuries. Vijay Nath however did not go to the police station on account of fear. He filed a complaint in the court of the Judicial Magistrate, Dumariaganj. Th

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