JUDGMENT

Bennet, J. - This second appeal by the Defendant has been referred to a Bench of two Judges by a learned single Judge because a difficult question of law is involved. The facts which have been found in the present case are that the Defendant made a complaint in the criminal court against the Plaintiff under Sections 449 and 506 of the Indian Penal Code, and also asked for security to keep the peace to be taken u/s 107 of the Criminal Procedure Code. The Sub-Divisional Magistrate did not issue any summons or other process to the accused, but he called u/s 202 of the Code of Criminal Procedure for a report from the police, and the sub-inspector made an inquiry and sent a report and after receiving that report the Sub-Divisional Magistrate went to the village of the parties himself and went to the house of the accused and held an inquiry. He came to the conclusion that the complaint lodged by the Defendant was false, and he dismissed this complaint u/s 203 of the Criminal Procedure Code. The accused then filed the present plaint.

2. The question which has arisen in second appeal is whether a suit for damages for malicious prosecution will lie where no process has been issued by