Malicious prosecution is a merit less civil or criminal action instituted solely to harass the defendant. In other words, an action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.
Reasonable and probable cause means a genuine belief based on reasonable ground that the proceedings are justified. The defendant must show a reasonable sound judgment and use reasonable care in determining whether there are sufficient grounds for the proceedings instituted by him, and any failure to exhibit such judgment or care will be imputed to him as a want of reasonable and probable cause.
A prosecution may not be entirely malafide but the continuance of such prosecution after it was discovered that the facts upon which it was based are not true may give rise to a claim for damages for malicious prosecution. ….. [Province of E. Bengal vs. SM Faruque (1958) 10 DLR 601]