Case Summary
Jateesh K T, the plaintiff, accuses the defendants, Prathapan and Kunjamma, of malicious prosecution stemming from a false criminal allegation. The court found that the plaintiff failed to prove his case and dismissed the suit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff did not prove the elements of malicious prosecution.
The plaintiff did not prove the elements of malicious prosecution.
Judgment Evidence:
In the result, suit is dismissed with costs.
Parties Involved
Plaintiffs
Jateesh K T (38 years)
Kunnappillil, Thevakkal, Kalamassery, Vadacode P O, Pin – 682 021
Defendants
Prathapan (52 years)
Kunnappilly House, Aqudator Road, Kangrapady, Vadacode P O, Pin – 682 021
Kunjamma (75 years)
Kunnappilly House, Aqudator Road, Kangrapady, Vadacode P O, Pin – 682 021
Reliefs
Relief Type:
Damages
Outcome:
Refused
Description:
Claim for damages of Rs. 1 lakh for malicious prosecution
Evidence:
the plaintiff has failed to prove that the defendants have maliciously prosecuted the plaintiff. Therefore, the plaintiff has failed to prove his case and hence he is not entitled for compensation as sought for.
Documents & Evidence
Document Type:
Final report
Submitted By:
Plaintiff
Relevance:
Copy of FIR along with Final report in FIR No. 97/16 of Thrikkakara Police Station
Reference:
Ext.A1
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of judgment in C C No. 171 of 2016 on the files of the JFCM Court, Kakkanad
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the Lawyer notice issued to the defendants
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice
Reference:
Ext.A4
Document Type:
Deposition
Submitted By:
Plaintiff
Relevance:
Relevant page in certified copy of deposition of CW4/PW3 (Prathapan) in C C 171/2016 JFCM Court, Kakkanad
Reference:
Ext.A5