MADHU LAL AHIR GAYAWAL Vs. SAHAI PANDE DHAMI
MADHU LAL AHIR GAYAWAL
SAHAI PANDE DHAMI
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Ghose, J -
(1.) This appeal arises out of a suit for damages for malicious, prosecution of the plaintiff in a criminal court for assault.
(2.) The prosecution, upon the facts found by the Judge, seems to have been the outcome of a quarrel between the plaintiff and the defendant about certain offerings which a pilgrim to Gya had made. It would appear that in the course of that quarrel there was a disturbance, and it went so far as to compel the pilgrim and his party to retire from the place, leaving the plaintiff and the defendant, and their partisans to fight out the dispute. The defendant subsequently brought a complaint against the plaintiff for assault under Section 352 of the Indian Penal Code. That complaint, however, was not substantiated, and it was accordingly dismissed.
(3.) The Court of First Instance found that there was criminal intimidation offered by the plaintiff to the defendant though there was no actual assault; and the Munsif, being of opinion that there was no justifiable cause for the institution of the complaint by the defendant, gave the plaintiff a decree for damages.;
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