Malicious prosecution

The person prosecuting someone for filing a malicious case must establish that the accused had intention to cause injury (reputation or property) in accordance to Section 44 of the IPC. Acquittal of a person on some technical grounds is not a valid ground for anyone to file a case for malicious prosecution.
So, the basic ingredients for malicious presecution is to clearly prove the malice, injury and culpable nature of the prosecution in the original case in order to file a case of a malicious case.
For any other queries, feel free to contact me at isidjain1@gmail.com

Sir/Madam

You can file a malicious prosecution suit in your civil court within whose jurisdiction you reside in. As my Ld. Friend Mr. Jain rightly mentioned, there are four essential ingredients that go into the making of your suit. These are:

1. That on a particular date, the defendant had filed a complaint before the Judicial Magistratre's court, charging you with offense of cruelty meted to her.
2. That as a consequence a warrant was issued for your arrest & that you were kept in the police lockup for 15 days.
3. That after a protracted trial lasting ____ months, you were acquitted on ____ on a finding by the Magistrate that the complaint was false.
4. That the defendant had made a false complaint against you maliciously without reasonable or probable cause.
5. That as a result of the prosecution, the plaintiff not only suffered physical/mental agony, but was lowered in the eyes of his friends & incurred severe financial expenses in defending himself from the charges.
6. That some of the charges incurred by the plaintiff include: (i) fees paid to his pleader/lawyer (ii) fees paid to clerk (iii) expenses incurred in summoning witnesses (iv) loss of business totalling ___.
7. That the plaintiff claims Rs. ____ as general damages for mental pain & loss of reputation.
8. That a further sum of Rs. _____ is claimed by the plaintiff as special damages.
9. That these damages include interest pendente lite & future damages.

Grounds for entertaining the petition could be substantially the same but with different wording.

File an affidavit along with your petition. Mention that all facts in para (1)-() are true & accurate to best of your knowledge & that nothing has been concealed or withheld from the court's knowledge. Get it signed by your pleader, after signing as deponent.

If there is anything else I can help you with, please feel free to reach out to me at: basu_kunal@hotmail.com. I will be most delighted to provide you my legal services.

Thanks & regards

Advocate Kaybee