Can we include police as defendants for claim for compensation (malicious persecution)

Individual police personnel who was involved in the prosecution can be impleaded as a defendant.

Thank you vashishta sir

We have included under CPC Order 7 rule 1 r/w sec 26.

And they returned. Is there any particular section to add defendant at initial stage of petition I mean we can add after the numbering of the case by impleading petition but we have face counter from otherside. So we need add these police as defendants. 

Or can we have any suggested precedent cases to support to add police as defendants

Thank you so much for quick assistance sie ji

the facts given by you are not clear enough to come to a considered view as to whether police needed (or needed not) to be a defendent.

If the case was registered suo motu by police, that police has to be impleaded as Defandant in a civil suit for compensation, otherwise the defendant who lodged the complaint trigerring criminal machinery alone should be impleaded as Defendant, and all those police involved in the investigation are to be listed as a witnesses. The whole question of maliscious prosecution is opened a new and civil court must consider the evidence independently and form its judgment from the proceedings held before it, as even the production of F.I.R is not necessary.

All persons may be joined in one suit as plaintiffs where 

(a) any right to relief in respect of, or arising out of, the same act, or transaction or series of acts or transactions, is alleged to exist in such persons whether jointly severally or in alternative; and

(b) if such persons brought separate suits, any common question of law or fact would arise.

This appears to be a civil suit claiming damages against the defendant who caused you irreperable loss including monetary loss.

Therefore the defendant alone can be held responsible for the monetary loss and not the polie.

The police have no personal grievance against you and they acted on the complaint before them.  However if you had initiated a criminal complaint against the police for malicious prosecution then the  judgment against the police will pave way to claim compensation from them. 

Now your claim is against the defendant who caused you grievances by lodging false criminal complaints against you hence you may have to confine your cliam  to that extent alone