| Case ID |
0a5ae263-4cdf-429f-9fec-76c0ff243ba8 |
| Body |
View case body. Login to View |
| Case Number |
N/A |
| Decision Date |
Jun 21, 2011 |
| Hearing Date |
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| Decision |
The Peshawar High Court dismissed the revision petition filed by Mehrban against the judgments of the lower courts. The court held that mere acquittal of the petitioner in a criminal case does not confer a right to sue for damages based on malicious prosecution unless it is established that the prosecution was initiated with malice and without reasonable cause. The evidence presented showed that the prosecution was reasonable and based on the circumstances surrounding the case, including a murder charge against the petitioner and others. The absence of malice and reasonable cause was emphasized in the court's decision. |
| Summary |
This case involves a civil revision petition regarding malicious prosecution. The petitioner, Mehrban, was acquitted of murder charges but sought damages from the respondent, Ghulam Hassan, claiming malicious prosecution. The Peshawar High Court reviewed the lower court's judgments, highlighting the essential elements needed to establish malicious prosecution, including malice and absence of reasonable cause. The court concluded that the prosecution was initiated based on reasonable grounds and that there was no evidence of malice. Thus, the petition was dismissed, reiterating the legal standards for malicious prosecution claims, which require clear evidence of wrongful intent and lack of justification. This case underscores the importance of evaluating the motivations behind criminal charges and the necessity for claimants to provide substantial proof to support their allegations of malicious prosecution. |
| Court |
Peshawar High Court, D.I. Khan Bench
|
| Entities Involved |
Not available
|
| Judges |
SYED AFSAR SHAH, JUSTICE
|
| Lawyers |
Ghulam Hur Khan Baloch,
Allah Nawaz Khan
|
| Petitioners |
Mehrban
|
| Respondents |
Ghulam Hassan
|
| Citations |
2016 SLD 3560 = 2016 CLC 1585
|
| Other Citations |
Hussain Gul v. Soorat Shah and others 2014 MLD 1008,
Balbhaddar Singh and another v. Badri Sah and another AIR 1926 PC 46,
Naber Shaha v. Shamsuddin and others PLD 1964 Dacca 111,
Muhammad Akram v. Mst. Farman Bi PLD 1990 SC 28,
Subedar (Retd.) Fazale Rahim v. Rab Nawaz 1999 SCMR 700,
UBL and 5 others v. Raja Ghulam Hussain and 4 others 1999 SCMR 734,
Rafique Ahmad Khan v. Province of Punjab through Secretary, Education and others 2004 SCMR 1065
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| Laws Involved |
Malicious Prosecution
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| Sections |
Not available
|