Malicious prosecution

Malicious prosecution

---Suit for damages on basis of malicious prosecution arising out of a criminal charge---Conditions essential to constitute a cause of action for such suit stated.

Malicious prosecution was an abuse of the process of the court by wrongfully setting the law in motion on a criminal charge. To be actionable as a tort the prosecution must have been malicious and terminated in favour of the plaintiff. For an action for malicious prosecution plaintiff had to prove that:

(i) he was prosecuted by the defendant of a criminal charge;

(ii) the proceedings complained of terminated in his favour;

(iii) the defendant instituted or carried on such prosecution maliciously or in other words the prosecution was instituted and carried on with a malicious intent;

(iv) there was absence of reasonable and probable cause for such proceedings; and

(v) he had suffered damage.

P L D 2013 Lahore 170

Before Abdul Sattar Asghar, J

ABDUL MAJEED and others---Petitioners

Versus

MANZOOR HUSSAIN and others---Respondents