The Calcutta Weekly Notes. Monday July 27 1914

The question whether in a suit for malicious prosecution by abuse of the process of the Criminal Court it is necessary to show that the prosecution was one within the meaning of the Code of Criminal Procedure is not free from difficulty. [...] 380 I. P. C. that the Magistrate sent the case to the Police for enquiry and report ; that the Defendant thereafter informed the Police Ispector that he diei not desire the enquiry to be proceeded with nor the premises of the Plaintiff searched ; that the Defendant failed to appear when the case was called on before the Magitrate who thereupon dismissed the complaint ; that 4the Defendant [...] on the third day of July 1912." Held—That the prosecution of an accused commences with the issue of process after the complaint has been entertained by the Magistrate and the prior proceedings constitute at most an attempt by the complainant to prosecute the accused and the plaint in the present case disclosed no cause of action. [...] The plea of the Defenimti wr amongst others that the deceased father of the Plaintiff had left a will under which the Plaintiff was only a part-owner of the property in suit and could not as such eject them. [...] Held that in view of the finding of fact in the judgment of the lower Appellate Court that there could be no doubt that the auction sale was brought about by the Ian ilord with the deliberate object of depriving the Plaintiff the article applied.