JUDGMENT

Fateh Deep Singh, J. "Between malice in fact and malice in law, there is a broad distinction which is not peculiar to any particular system of jurisprudence. A person who inflicts an injury upon another person in contravention of law is not allowed to say that he did so with an innocent mind, he is taken to know the law and he must act within the law. He may therefore be guilty of malice in law, although so far as the state of his mind is concerned, he acts ignorantly and in that sense innocently."

were the famous lines in Shearer V Shields and rather aptly applies to this Civil Writ Petition filed by the present petitioner, a former Director General of Police of Punjab Police, whereby he has sought invocation of Articles 226, 227 of the Constitution of India to hold that:-

i) the investigations in case bearing FIR no.77 dated 06.05.2020 under Sections 364, 201, 344, 330, 219, 120-B IPC pertaining to Police Station Mataur, District S.A.S. Nagar (Mohali) (Annexure P10), are non-est in the eyes of law;

ii) is an outcome of malice, vengeance due to political considerations;

iii) further investigations into this case by the police be stayed and the matter be transferred outside