Kandasami Asari and Others vs Subramania Pillai

The defendants presented a petition to the Divisional Deputy Magistrate giving him information that it was necessary that security should be

taken from the plaintiff and others under Sections 107 and 110, Criminal Procedure Code. The Deputy Magistrate referred the petition to the Sub-

Magistrate for enquiry and report as to the truth of the allegations in it. On receipt of his report the Deputy Magistrate recorded his opinion that no

further action was necessary, and no further action was taken. It is therefore clear that whatever other remedy the plaintiff may have, an action for

damages for malicious prosecution will not lie. To sustain such an action there must have been a prosecution by the defendants of the plaintiffs for

an offence. The second appeal is allowed ; and the suit dismissed with costs throughout.