----Meaning and concept of "malicious prosecution"-

 2021 C L C 1008

Malicious prosecution---

----Meaning and concept of "malicious prosecution"---Basic ingredients for "malicious prosecution" to be an actionable tort---Suit for compensation on basis of malicious prosecution---Scope---Malicious prosecution may be defined as institution of criminal or civil proceedings for an improper purpose and without probable cause---Every criminal prosecution / inquiry which ended with clearing of accused, would not per se entitle such person / accused to file suit for compensation----Successful proceedings initiated under law of malicious prosecution required that original proceedings must have been malicious and without cause---Every person had right to set in motion governmental and judicial machinery for protection of rights but such person should not infringe corresponding rights of others by instituting improper legal proceedings in order commit harassment by way of unjustifiable litigation---To be an actionable tort, prosecution must have been malicious and terminated in favour of plaintiff and mere filing of complaint before police authorities on basis of an allegation was not a "legal wrong" for purpose of suit for malicious prosecution---Courts had to determine whether initiation of prosecution was with reasonable and probable cause and circumstances between parties were to be taken into consideration to determine state of mind of prosecutor and defendant---Mere jealousy and grudges would not be reasonable cause and it was an essential ingredient for a suit for compensation based on malicious prosecution that criminal prosecution against plaintiff were initiated with malice.

----"Prosecution"---Meaning of---Prosecution was a criminal proceeding in which an accused person was tried and a prosecution existed where criminal charge was made before a judicial officer or tribunal.

----"Malice"---Meaning of---Malice meant wrongful intention.

Conditions that have to exist for an action for malicious prosecution to be successful.

i) That Plaintiff was prosecuted by the Defendant; -

ii) That the prosecution ended in favour of the Plaintiff;

iii) That the Defendant acted without reasonable and probable cause;

iv) That the Defendant was actuated by malice (with improbable motive and not to further the ends of justice); and

v) That the proceedings had interfered with the Plaintiff's liberty and had also affected his reputation and the Plaintiff had suffered damages.