Gaya Prasad v Bhagat Singh

Legal rights and Legal procedures have been created for the convenience of people at large, but few try to surpass the same and abuse the legal procedures. Even in various criminal complaints, it can be seen that not only the person has lodged an FIR on flimsy grounds, but also made an active effort to make sure that the other person is convicted on non-existant grounds. A conundrum arises in such situations when the prosecution takes place in the name of the state, whether the person can be held liable for malicious prosecution or abuse of the legal procedures. The Privy Council clarified the position in this regard in this landmark judgment.