Before

THE CULCUTTA HIGH COURT

Smt. Sova Rani Dutta ...... Appellant

versus

Debabrata Dutta ...... Respondent

Citation-AIR 1991 Cal 186

Humbly submitted by the counsels appearing on behalf of the appellant.

Submitted by:
PRIYA RATHORE
19LLB059
1rd semester

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 TABLE OF CONTENTS

 INDEX OF AUTHORITIES……………………………3
 STATUTES REFERRED………………………………3
 CASES REFERRED……………………………………3
 WEBSITES REFERRED……………………………….3
 LIST OF ABBREVIATIONS…………………………..4
 STATEMENT OF JURISDICTION……………………5
 STATEMENT OF FACTS……………………………..6
 STATEMENT OF ISSUES…………………………….7
 ARGUMENTS ADVANCE……………………………8
 PRAYER………………………………………………10

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 INDEX OF AUTHORITIES

STATUTES REFERRED:

 Indian Penal Code, 1860

 The code of Criminal Procedure 1973

CASES REFERRED:

 C. M. Agarwala v. Halar Salt & Chemical Works

AIR 1977 Cal 356
 Sitaram v. Dudharam
AIR 1952 Nag 310

 Madan Mohan Singh v. Bhirgunath Singh

AIR 1952 Pat 283
 Bholandanda Permmayya v. Jogendra Kr. Banerjee
AIR 1966 Mys 13
 Dattatraya Pandurang Datar v. Hari Keshav Gokhale
AIR 1949 Bom 100

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WEBSITES REFERRED:

 www.indiankanoon.org
 www.divorcelawyerindia.com
 www.shareyouressays.com
 www.lawctopus.com

LIST OF ABBREVIATIONS

 IPC- Indian Penal Code

 CrPC- Code of Criminal Procedure

 Sec. – Section

 Yrs- years

 & - and

 i.e. – that is

 Hon’ble – Honourable

 FIR – First Information Report

 Acc – According

 Bom.- Bombsy
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  Mys- Mysore

 Nag- Nagpur

 AIR- All India Reporter

 Pat- Patna

STATEMENT OF JURISDICTION
THE HON’BLE HIGH COURT OF JUDICATURE AT DELHI EXERCISES
JURISDICTION TO HEAR AND ADJUDICATE OVER THE MATTER UNDER
ARTICLE 226 (1) OF THE CONSTITUTION OF INDIA, 1950.

ARTICLE 226 – POWER OF HCS TO ISSUE CERTAIN WRITS

NOTWITHSTANDING ANYTHING IN ARTICLE 32 EVERY HC SHALL HAVE

POWERS, THROUGHOUT THE TERRITORIES IN RELATION TO WHICH IT
EXERCISE JURISDICTION, TO IS SUE TO ANY PERSON OR AUTHORITY,
INCLUDING IN APPROPRIATE CASES, ANY GOVERNMENT, WITHIN THOSE
TERRITORIES DIRECTIONS, ORDERS OR WRITS, INCLUDING WRITS IN THE
NATURE OF HABEAS CORPUS, MANDAMUS, PROHIBITIONS, QUO WARRANTO
AND CERTIORARI, OR ANY OF THEM, FOR THE ENFORCEMENT OF ANY OF THE
RIGHTS CONFERRED BY PART III AND FOR ANY OTHER PURPOSE.

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 STATEMENT OF FACTS
1. Plaintiff Debabrata Dutta, filed Money Suit against the defendant Smt. Sovarani
Dutta claiming damages for malicious prosecution valued at Rs.104/-
2. His case is that the defendant lodged a First Information Report in the District of
Hooghly on a wilful false charge of theft of ear-ring from the person of the defendant
against the plaintiff and her sister Smt. Biva Bati Dutta.
3. The defendant knew the statements made in her First Information Report to be
completely false and she maliciously made those statements before the police to
implicate the plaintiff and her sister in a false criminal case
4. In pursuance of the said false information, the police arrested the plaintiff and his
sister and detained them in hazat.
5. The plaintiff and his sister were detained in the police hazat
6. The plaintiff was brought to the hazat of the Sub-Divisional Officer's Court building
with hand-cuff and rope tied around his waist in broad day light through public road
and again on the same day the plaintiff was brought from the S.D.O.'s Court building
before the Sub-Divisional Judicial Magistrate, Chandernagore with hand-cuff and
rope tied around his waist
7. The plaintiff and his sister were bailed on P. R. Bonds.
8. The Sub-Divisional Judicial Magistrate ordered for filing investigation report
9. However, police could complete the investigation and submitted investigation report
to the Sub-Divisional Judicial Magistrate, Chandernagore after investigating the
charge of offence against the accused, that is, the plaintiff and his sister.
10. While submitting the final report, the Investing Officer stated that the complaint by
the defendant was false and so the Investigating Officer prayed in the final report for
permission to prosecute the plaintiff/ defendant under Ss. 182/211, I.P.C.
11. On the basis of the final report submitted by the police, the Sub-Divisional Judicial
Magistrate by his order, discharged the accused persons and ordered to prosecute the
complainant (i.e., the defendant) under Ss. 182/211, I.P.C.
12. So the plaintiff has filed the suit claiming Rs. 10,000/- for damages for pain in body
and mind and for loss of business and reputation and Rs. 104/- as damages for

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 expenses incurred in the Criminal Court and prayed for decreeing the suit against the
defendant.

STATEMENT OF ISSUES

(1) Whether malice has been proved by the plaintiff?

(2) Whether it can be held that just because the criminal case filed, it
is to be held that the defendant filed the First Information Report
maliciously?

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 ARGUMENTS ADVANCED

1) Whether malice has been proved by the plaintiff?

Malice as wrongful act done intentionally without just cause or excuse and
that malice differ from hatred. malice, in common expectation of the term
means ill-will against a person, but in its legal sense it means a wrongful act
done intentionally without just cause or excuse. Judicial attempts to define
malice have not been completely successful. Some other motive than a
desire to bring to justice a person whom the accuser honestly believed to be
guilty' seems to overlook the fact that motives are often mixed. Moreover,
anger is not malice; indeed it is one of the motive on which the law relies in
order to secure the prosecution of criminals, and yet anger is much more
akin to revenge than to any desire to uphold the law. Perhaps we are nearer
the mark if we suggest that malice exists unless the predominant wish of the
accuser is to vindicate the law. it was held that in an action for malicious
prosecution the plaintiff in order to succeed must prove that
(1) The proceedings were instituted or continued by the defendant
(2) The proceedings terminated in plaintiffs favour
(3) The defendant had acted without reasonable or probable cause and,
(4) The defendant acted maliciously.

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(2) Whether it can be held that just because the criminal case filed, it is to be held
that the defendant filed the First Information Report maliciously?

The respondent submitted that the plaintiff had been able to establish the fact that the
defendant had put the law into motion by filing the First Information maliciously
acting upon which the police arrested the plaintiff and his sister, took them to the
thana and next day police took them to the Court wherefrom the plaintiff and his sister
secured their release on P. R. bond. The judicial process continued till the filing of the
final report by the police whereupon the learned Court discharged the accused
(plaintiff and his sister). The defendant's very purpose was to prosecute the plaintiff
maliciously without any just and reasonable cause.

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 PRAYER

Wherefore in the light of issues raised, arguments advanced

and reasons given, the Counsel for the appellant humbly pray
before this Honourable High Court that it may be pleased:

 To grant damages
And/or
Pass any order that hon’ble court may deem fit and proper
in the justice and equity.
All of which is most humbly and respectfully submitted

COUNSEL FOR THE APPELLANT

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