Malicious prosecution - limitation period

Gautam Dhawan (Querist) 16 April 2016 This query is : Resolved
Request the experts to clarify the following for me :

What is the limitation Period for bringing a case for damages for malicious prosecution ?

1. Will limitation period be calculated from the date of Order of Discharge by Metropolitan Magistrate ?

OR

2. Will limitation period be calculated from the date of Order of Dismissal of Revision Petition by Sessions Judge ?

There are conflicting judgments on this issue as on one side certain high courts feel that a case for malicious prosecution cannot be brought up while Revision Petition is pending

Whereas there are also judgments where suits have been dismissed taking the date of order of discharge by Metropolitan Magistrate as the date from when Limitation begins to run.

Certain Observations of the courts :

The order of acquittal terminates the prosecution for the time being. The filing of an appeal does not ipso facto vacate that order: and yet while the appeal is pending it can hardly be said that the prosecution has terminated.

In our opinion, the starting point of the limitation for a suit for compensation for malicious prosecution is the date of the operative order whereby the plaintiff has been acquitted or the prosecution against him has terminated in his favour. In a case where the order of acquittal or the order whereby the prosecution is terminated in any other manner, is not challenged in appeal or revision before the Superior Court, the limitation will have to be computed from the date of the passing of the said order. But in cases where the said order of acquittal or the order terminating the prosecution is challenged in appeal or revision before the Superior Court, by virtue of the applicability of the doctrine of merger, the original order is merged in the order that is passed by the superior Court in appeal or revision and the operative order would be the order of the superior court and therefore, the period of limitation will have to be computed from the date of the order of the Superior court in appeal or revision

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