Format Suit Of Damages For Malicious Prosecution And Defamation

malicious prosecution

Those who ask what is malicious prosecution? The answer to their question is “Malicious prosecution is a common law intentional tort”. Its elements include (1) intentionally instituting and pursuing a legal action whether its civil or criminal (2) brought without probable cause (3) dismissed in favor of the victim of the malicious prosecution.

Criminal prosecuting lawyers and judges are protected from for malicious prosecution tort liability because of prosecutorial immunity and judicial immunity.

Can You Sue For Malicious Prosecution

You can initiate a suit for malicious prosecution and claim for “abuse of process of law.” If you believe that a lawsuit was brought against which was false or had improper purpose in it. Then you might have a claim of “abuse of process” against the one who sued you. Your lawyer can discuss this with you. Sue for malicious prosecution and claim recovery o damages after you defeat the frivolous case.

How To Prove-Malicious Prosecution Essentials

To prove malicious prosecution and to win a suit for malicious prosecution, the plaintiff must prove 4 elements that is: (1) original case was decided in favor of the plaintiff (2) the defendant was party in the original case (3) the defendant did not have probable cause or reasonable grounds to support the original case (4) the defendant initiated or continued the original case with an improper purpose.

Relief In Suit For Malicious Prosecution Damages 

The plaintiff in a suit for malicious prosecution can recover damages from the defendant for certain harms suffered. Usually these injuries include loss of reputation and credit, humiliation, and mental suffering.

If the original action was a criminal case, then additional harms often include discomfort, injury to health, loss of time, and deprivation of society with family. More over you cal also lodge FIR u/s 182 of PPC Pakistan.

Who Can Sue Malicious Prosecution

The victim who is a plaintiff or his legal representative can file a suit for malicious prosecution and defamation. In prayer, they can request from court to award damages.

Important Malicious Prosecution Case Law In Pakistan

Here is a brief list of malicious prosecution case law in Pakistan. Only the case law citation is explained here.

  1. PLD 2003 AJK 1. Akhtar Saeed V/S Azad Government DB) [Dismissed]
  2. PLD 2004 Karachi 439.Dr. Pro. Haroon Ahmed V/S British Airways & 3 Others [Allowed]
  3. PLD 2004 Karachi.595.Muhammad Farooq Marfani V/S Abdul Qadir Tawakal & Others [Allowed]
  4. 2004 SCMR 1065. Rafique Ahmed Khan V/S Province of Punjab [Dismissed]
  5. 2005 SCMR 1392. Pakistan Steel Mills Corporation V/S Ehteshamuddin Qureshi [Not fall in malicious prosecution]
  6. 2005 SCMR 1950. Azizullah V/S Jawaid A. Bajwa & 3 Others [Allowed]
  7. PLD 2005 Lahore 214.Shah Wali V/S Muhammad Iqbal [Dismissed]
  8. 2006 MLD 62. Muhammad Feroze Panjani V/S Mrs. Mehr-un-Nissa & another (Karachi) [Allowed]
  9. 2006 MLD 907. Nazir Ahmad & another V/S Haji Nazir Ali (Lahore DB) [Dismissed]
  10. 2006 MLD 924. Muhammad Ibrahim V/S Irshad Begum & 7 others (Lahore) [Dismissed]
  11. 2006 MLD 1429.Mst. Sara Bai & 7 Others V/S Iqbal (Karachi) [personal action dies with the person]
  12. PLD 2006 Lahore 401.Shahida Parveen V/S Samiullah Malik (DB) [Modified]
  13. 2007 MLD 1657.Ghulam Ali V/S Ranjho Khan (Lahore) [Dismissed]
  14. PLD 2007 Karachi 72.Sardar M. Shakoor Khan V/S Pakistan [Dismissed]
  15. 2008 MLD 12. Anwer Mooraj V/S Fateh Farukh (Karachi) [Allowed]
  16. 2008 YLR 444. Muhammad Hussain V/S Syed Nazir Shah (Lahore) [Dismissed]

Format of Suit for Malicious Prosecution and Damages

In this short article, the draft suit for damages for malicious prosecution and defamation is provided for the guideline of new lawyers.

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.

In the matter of:-

MYA son of KDA resident of _________ District Rawalpindi.

                                                                                                     …Plaintiff

Dr. ANK son of NMK resident of ________________, presently C/o ______________, Rawalpindi.

                                                …Defendant

SUIT FOR RECOVERY OF RUPEES 5,00,000,00/- ON ACCOUNT OF DAMAGES FOR MALICIOUS PROSECUTION AND DEFAMATION.

Respectfully Sheweth,

  1. That the plaintiff is posted as Patwari and presently is serving at Tehsil Office, Rawalpindi and having immaculate and spotless reputation in his career.
  2. That the plaintiff as law-abiding citizen and command great respect amongst the locality and in the eyes of relatives and friends as well as in department.
  3. That the defendant is a Doctor by profession and whatever has been done by him mentioned below is due to misuse of his post / position.
  4. That the defendant malafidely and for reasons not known has previously filed an application before the SHO, P.S Saddar Barooni, contending therein false and frivolous assertions and later on, the defendant by using his influence and position got registered a false and frivolous case FIR No. 56 dated 10-02-2008 P.S Saddar Barooni, District Rawalpindi U/s 447/379/34 PPC against the plaintiff and others by narrating false and concocted story and the story mentioned in his application, on the basis of which the said case was registered is nothing but a cock and bull story.
  5. That the defendant leveled serious allegations against the plaintiff.
  6. That after the registration of the case, the plaintiff engaged counsels in the said case and filed his post arrest bail in the competent court of jurisdiction.
  7. That during the interregnum the different responsible police officers probe and interrogated the matter and ultimately found the allegations false, frivolous, baseless and concocted.
  8. That on 14-02-2008, in Daily Jang and other renowned Newspapers, it was published that the plaintiff has grabbed the valuable property of the defendant and stolen certain valuable things of the defendant and furthermore, it is pertinent to mention here that on this account, the plaintiff was suspended from his service. This allegations was also baseless, however, the same is derogatory and published in a newspaper, having very high circulation in the country.
  9. That due to the publication of false, frivolous and baseless news, without any basis and purely engineered on malice and filing of false case, the plaintiff suffered mental agonies, torture and fear.
  10. That after the registration of the case, the thorough investigation was conducted by the investigating agency and ultimately the plaintiff found innocent in the said case. The police has prepared the Cancellation Report/ Ikhraj Report U/s 173 Cr.P.C which was duly signed by the I.O as well as the SHO of concerned police station.
  11. That when the plaintiff found innocent, he withdrawn his bail application from the competent court of jurisdiction on the statement of the I.O of the case that the above said case/ FIR being baseless is cancelled.
  12. That the plaintiff faced the agonies to approach the competent court of jurisdiction and during this protected period the plaintiff remained under continuous mental torture, harassment, and fear.
  13. That due to the malicious prosecution on the part of the defendant, the reputation of the plaintiff as well as his family has been damaged in such that there could not be repaired. The credibility built by the plaintiff during span of time was shattered due to lodging of the frivolous, fictitious and concocted FIR against the plaintiff. The defendant has also extended threats for dire consequences to the plaintiff.
  14. That the defamatory applications / acts by the defendant was having a tendency injure the reputation of the plaintiff i.e. to lower him in the estimation of others and to bring him in inobliquy contempt and ridicule and also injured his profession.
  15. That the plaintiff was prosecuted on baseless criminal charges, the same was ended in favour of the plaintiff and all this was malicious without reasonable and probably cause.
  16. That the plaintiff claim general and special damages on account of mental torture, agony, financial loss and injury inflicted to his reputation, honour as well the detail of the same are mentioned as under:
  17. General Damages

a. Injury/ loss to reputation as a person = Rs.3,00,000,00/-

b. Mental torture and physical agony =    Rs. 1,00,000,00/-

c. Loss in family honour =                          Rs. 99,00,000/-

  1. Legal Assistance

a. Legal assistance & General =                 Rs.100,000/-

GRAND TOTAL                                           Rs.5,00,000,00/-

  1. That the plaintiff contacted the defendant and sent him a legal notice and demanded above-referred amount as damages by the defendant against the plaintiff but the defendant flatly refused to accede to the legitimate and legal demand of the plaintiff, hence this suit.
  2. That the cause of action firstly accrued on the submitting of false, frivolous, baseless and concocted application, then lodging of FIR and publication of news and finally on the refusal of the defendant to pay the above said amount as damages and is still continuing.
  3. That the parties are residents of Rawalpindi, hence this Honourable Court has the jurisdiction to entertain the matter in hand.
  4. That the value of the suit for the purposes of court fee and jurisdiction is fixed as Rs. 5 Cror and the requisite court fee will be affixed as and when required by this Honourable Court.

PRAYER

In view of above, it is most humbly prayed that the suit of the plaintiff for recovery of Rs. 5 Crore as malicious prosecution damages, may kindly be decreed in favor of the plaintiff and against the defendants with costs.

Any other relief, which this Honorable Court deems fit and proper may also be granted to the plaintiff.

Plaintiff

Through

(Muhammad Mateen)

 Advocates High Court,

Rawalpindi.

Certified that the contents of the para No. 1 to 18 are true and correct and the remaining paras are also correct and true as per information received.

Plaintiff

No suit, appeal, revision etc is pending between the parties of same nature in any competent court of law and this is the first suit for damages is being filed by this Honorable Court as per information received from my client

Counsel

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.

In the matter of:-

MYA son of KDA resident of _________ District Rawalpindi.

                                                                                                     …Plaintiff

Dr. ANK son of NMK resident of ________________, presently C/o ______________, Rawalpindi.

                                                …Defendant

SUIT FOR RECOVERY OF RUPEES 5,00,000,00/- ON ACCOUNT OF DAMAGES FOR MALICIOUS PROSECUTION AND DEFAMATION.

AFFIDAVIT

That I, MYA son of KDA resident of ______________________ do hereby solemnly affirm and declare as under:-

That the contents of the above suit are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.

Deponent

Verified that the contents of the affidavit are true and correct to the best of my knowledge and belief.

Deponent

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2 Responses

  1. Qaida Nawaz Niazi Advocate says:

    Excellent effort

  2. Doddipati says:

    Thanking you for a good online support.

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