Judgment :-

Dr. B.S. Chauhan, J.

1. This appeal has been preferred against the impugned judgment and final order dated 16.4.2010 passed by the High Court of Delhi at New Delhi in Criminal Miscellaneous Application No. 3314 of 2006 in Writ Petition (Crl.) No. 938 of 2001, by which the application filed by the appellant to proceed against respondent no. 5 under Section 340 read with Section 195(1)(b) of the Code of Criminal Procedure, 1973 (hereinafter referred to as `Cr.P.C.’) has been dismissed.

2. Facts and circumstances giving rise to this appeal are that:

A. The appellant had filed Writ Petition (Criminal) No. 938 of 2001 before the High Court of Delhi seeking transfer of investigation from respondent nos. 3, 4 and 5 to any other senior officer of Central Bureau of Investigation (hereinafter to referred as `CBI’), as the said respondents had been abusing their investigating powers and adopted unfair and improper means in RC No. S19/E0006/99 dated 7.12.1999.

B. The court made order dated 4.4.2002, on the submission of counsel for the respondent No. 5 that the investigation report had been finalised in the said RC case and no further investigation was required to be done, directed the