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  • Petitions & Pleadings / PETITION-FOR-MALICIOUS-PROSECUTION

Petitions & Pleadings

PETITION FOR MALICIOUS PROSECUTION

 

IN THE COURT OF_____________ (add detail court)

Suit no.____/20____

_________________ (suppose A.B.)(add description and residence).

Plaintiff

against

__________________ (suppose C.D.)(add description and residence) . . .

Defendant

A. B., the above-named plaintiff, states as follows :-

  1. On the _________ day of _____________19_________, the defendant obtained a warrant of arrest from _________ [a Magistrate of the said city, or as the case may be] on a charge of _________, and the plaintiff was arrested thereon, and imprisoned for ................ [days, or hours, and gave bail in the sum of _________ rupees to obtain his release].
  2. In so doing the defendant acted maliciously and without reasonable or probable cause.
  3. On the_________day of_________ 19_________, the Magistrate dismissed the complaint of the defendant and acquitted the plaintiff.
  4. Many persons, whose names are unknown to the plaintiff, hearing of the arrest, and supposing the plaintiff to be a criminal, have ceased to do business with him; or in consequence of the said arrest, the plaintiff lost his situation as clerk to one F.;orin consequence the plaintiff suffered pain of body and mind, and was prevented transacting his business, and was injured in his credit, and incurred expense in obtaining his release from the said imprisonment and in defending himself against the said complaint.
  5. [Facts showing when the cause of action arose and that the Court has jurisdiction.]
  6. The Value of the subject-matter of the suit for the purpose of jurisdiction is _________rupees and for the purpose of court-fees is_________rupees.
  7. [Relief claimed.]

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