1. ' ZIA MAHMOOD MIRZA, J.---Contends, inter alia, that the proceedings under section 133 Cr.P.C. Are preventive/curative in nature and as such the proceedings under section 133 initiated by the petitioner against the respondent did not amount to prosecution much less malicious prosecution.
2. That being so, the suit filed by the respondent against the petitioner claiming damages for malicious prosecution was misconceived. Leave to appeal is granted to the petitioner to examine this contention.
3. ' Execution of the impugned decree is stayed pending the hearing of the appeal which may be fixed at an early date as only a short point involved in the appeal.