Sekarreporter1: [2/27, 17:04] Sekarreporter1: https://twitter.com/sekarreporter1/status/1365626401244651520?s=08 [2/27, 17:05] Sekarreporter1: Investigating officers cannot he held for malicious prosecution if the accused is acquitted, said the Madras High Court, dismissing the summons issued against an investigation officer following a plea that the accused in a case was subjected to malicious prosecution by the officer. Judge navj https://sekarreporter.com/investigating-

[2/27, 17:05] Sekarreporter1: [2/27, 17:04] Sekarreporter1: https://twitter.com/sekarreporter1/status/1365626401244651520?s=08
[2/27, 17:05] Sekarreporter1: Investigating officers cannot he held for malicious prosecution if the accused is acquitted, said the Madras High Court, dismissing the summons issued against an investigation officer following a plea that the accused in a case was subjected to malicious prosecution by the officer. Judge navj https://sekarreporter.com/investigating-officers-cannot-he-held-for-malicious-prosecution-if-the-accused-is-acquitted-said-the-madras-high-court-dismissing-the-summons-issued-against-an-investigation-officer-following-a-plea/
[2/27, 17:07] Sekarreporter1: 1 Crl.O.P No.2514 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ORDERS RESERVED ON : 22.02.2021
PRONOUNCING ORDERS ON : 26.02.2021
CORAM
THE HONOURABLE JUSTICE MR.N.ANAND VENKATESH
Crl.O.P No.2514 of 2020
and
Crl.MP.No.1536 of 2020
A.Radhika … Petitioner
.Vs.
Wilson Sundararaj ..Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the records pertaining to
Crl.MP.No.23751 of 2019 in S.C.No.123 of 2015, on the file of the
Hon’ble XVII Additional Judge, City Civil Court at Chennai and quash the
same as not maintainable either in law or on facts.
For Petitioner : Mr.V.Lakshmi Narayanan
for Mr.K.P.Anantha Krishna
For Respondent : Mr.B.R.Shankaralingam
[2/27, 17:08] Sekarreporter1: 20 Crl.O.P No.2514 of 2020
malicious prosecution, which gives rise to a tortious liability, only a suit
for damages can be filed by establishing the ingredients to maintain
such a suit. The grounds for maintaining a suit for malicious prosecution
cannot form the basis for filing a petition under Section 340, Cr.P.C.
since it has to independently satisfy the requirements of Section
195(1)(b), Cr.P.C.
27. In view of the above finding rendered by this Court, the
Petitioner need not undergo the ordeal of facing an enquiry before the
court below. Consequently, the impugned summons issued to the
Petitioner in Crl M.P. No 23751 of 2019 is hereby quashed and this
Criminal Original Petition is accordingly allowed. Consequently, the
connected miscellaneous petitoin is closed.
26.02.2021
Index : Yes
Internet : Yes
KP
To
XVII Additional Judge,
City Civil Court,