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Issues: Whether the plaintiff proved the essential ingredients of malicious prosecution so as to recover damages, namely that the defendant initiated or continued the prosecution maliciously and without reasonable and probable cause.
Analysis: An action for malicious prosecution is a tort and the plaintiff must establish the essential ingredients, including initiation of proceedings by the defendant, malice, absence of reasonable and probable cause, termination of the criminal case in the plaintiff's favour, and resulting damage. The burden of proving these ingredients remains on the plaintiff throughout. On the facts, the defendant had given information to the police, the police investigated and filed a charge-sheet, and the plaintiff failed to prove that the report was false to the defendant's knowledge or that the prosecution was launched without reasonable and probable cause. Mere acquittal in the criminal case was not sufficient to fasten civil liability for malicious prosecution.
Conclusion: The plaintiff failed to prove malicious prosecution and was not entitled to damages.