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  WHAT IS MALICIOUS PROSECUTION?  BY SWATEE SHUKLA  Malicious prosecution involves carrying out unsuccessful criminal proceedings maliciously and without a reasonable and justifiable cause. When such a prosecution causes actual damage to the arty prosecuted, it is a tort for which he can bring an action. In the normal course of events, criminals and other wrongdoers are to be brought to justice through the institution of proceedings as provided by law. The law, however, forbids the misuse of this power of the institution of proceedings by wrongfully setting the law in motion for improper purposes. To prevent false and frivolous cases against innocent persons brought only in order to harass or annoy, an action for malicious prosecution is permitted. The term prosecution is not only limited to the stage of trial but also includes further stages such as appeal and revision.   A discussion on malicious prosecution involves two cases. The first case is where the plaintiff with a malicious i