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O.S. No. 358/2018

Case between Raghavan vs Tiniya P. Lal regarding compensation for malicious prosecution

Court
COURT OF THE MUNSIFF, PERUMBAVOOR
Judge
Smt. Alshari A.
Order Date
2025-01-27
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Raghavan, the plaintiff, alleges that Tiniya P. Lal, the defendant, maliciously filed a false complaint against him, causing him to lose his job and suffer financial damage. The court ruled in favor of the defendant, stating the plaintiff failed to prove his claims.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit filed by Raghavan against Tiniya P. Lal, stating that the plaintiff did not establish a case for malicious prosecution. Consequently, it ruled that Raghavan is not entitled to compensation.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by Raghavan against Tiniya P. Lal, stating that the plaintiff did not establish a case for malicious prosecution. Consequently, it ruled that Raghavan is not entitled to compensation.
Key Reasoning:
The plaintiff failed to prove that the prosecution was initiated maliciously without reasonable cause.
Why Defendant Won:
The plaintiff failed to prove that the prosecution was initiated maliciously without reasonable cause.
Supporting Evidence
The evidence of the plaintiff did not establish that there was no probable or reasonable cause for the initiation of prosecution against him.

Judgment Evidence:

In the result, the suit stands dismissed. No costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Raghavan
Party Age
55
Relation
S/o
Party Role
Defendant
Party Name
Tiniya P. Lal
Party Age
40
Relation
W/o
Plaintiffs Documents
Passport bearing No.J7425891, Certified copy of the FIR No.2344/2017, Certified copy of the statement given by the defendant, Certified copy of the final report in FIR 2344/2017, Certified copy of judgment in C.C.No.100/2018
Defendants Documents
Copy of the application as per Right Information Act, Copy of the complaint preferred by the plaintiff, Copy of the answer as per Right Information Act, Copy of the order of State Information Commission in C.P.No.67(4)/2018/SIC, Copy of the order of State Information Commission in CP.1088(3)/2018/SIC

Advocates

Party Role
Plaintiff
Advocate Name
Maitheen M. Pareeth
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Jomy George
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Deepak Mohan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
M.V. Baby
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Arundhathi C.G.
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Damages
Outcome: Refused
Description:
Plaintiff sought compensation for losses sustained due to malicious prosecution.
Evidence:
Therefore, in view of the above discussions, I could not find the plaintiff to be entitled for the relief of compensation for malicious prosecution as claimed by.

Documents & Evidence

Document Type: Passport
Submitted By: Plaintiff
Relevance:
Plaintiff produced passport to establish identity and job status.
Reference:
Ext.A1
Document Type: Certified copy of FIR
Submitted By: Plaintiff
Relevance:
Evidence of criminal case initiated against the plaintiff.
Reference:
Ext.A2
Document Type: Certified copy of Statement
Submitted By: Plaintiff
Relevance:
Statement given by the defendant regarding the incident.
Reference:
Ext.A3
Document Type: Certified copy of final report
Submitted By: Plaintiff
Relevance:
Final report of the investigation related to the FIR.
Reference:
Ext.A4
Document Type: Certified Copy of Judgment
Submitted By: Plaintiff
Relevance:
Judgment in the criminal case where the plaintiff was acquitted.
Reference:
Ext.A5
Document Type: Application under Right Information Act
Submitted By: Defendant
Relevance:
Application made by the plaintiff to seek information from the Panchayat.
Reference:
Ext.B1
Document Type: Complaint preferred by the plaintiff
Submitted By: Defendant
Relevance:
Complaint made by the plaintiff to the Panchayat Secretary.
Reference:
Ext.B2
Document Type: Answer to Right Information Act questionnaire
Submitted By: Defendant
Relevance:
Response to the questions raised by the plaintiff regarding the defendant.
Reference:
Ext.B3
Document Type: Order of State Information Commission
Submitted By: Defendant
Relevance:
Order from the State Information Commission relevant to the complaints.
Reference:
Ext.B4
Document Type: Order of State Information Commission
Submitted By: Defendant
Relevance:
Another order from the State Information Commission pertinent to the case.
Reference:
Ext.B5

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Malicious prosecution
Case Code
Case between Raghavan vs Tiniya P. Lal regarding compensation for malicious prosecution
Case Code Year
Case between Raghavan vs Tiniya P. Lal regarding compensation for malicious prosecution

Case Flags

Imprisonment Involved
Arrest Involved
Imprisonment Duration
2 months

Quick Facts

Location
Perumbavoor
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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