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Judgment
We think the decree of the appellate Court should be reversed.
The only person who can be sued in an action for malicious prosecution is the person who prosecutes. In this case though the 1st defendant may
have instituted criminal proceedings before the police, he certainly did not prosecute the plaintiff. He merely gave information to the police, and the
police after investigation appear to have thought fit to prosecute the plaintiff. The 1st defendant is not responsible for their act, and no action lies
against him for malicious prosecution (see judgment in S.A. No. 805 See 12 M.L.J. 349.
We must reverse the decree of the Subordinate Judge and restore that of the Additional District Munsif with costs in this and the lower appellate
Court.