Sareena vs. Sandrakala – sllr 2021 volume 1 page 126

In Sareena v. Sandrakala, the court considered whether the defendant’s initiation of a theft complaint—alleged to be false and without reasonable or probable cause—constituted a wrongful act actionable under actio injuriarum and satisfied the requirements for malicious prosecution. The proceedings focused on whether the elements of wrongful intent, malice, and lack of justification were substantiated by the record, and whether a civil action for damages was maintainable given the procedural circumstances of the related criminal action. It was held that the false allegation, which resulted in arrest, remand, and humiliation of the plaintiff, amounted to an actionable injuria. This determination relied on established case law authorities and clarified the application of legal principles conc