Page 1

JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1842 OF 2013

Ashok Kumar Aggarwal

…Appellant

Versus

Union of India & Ors.

..Respondents

J U D G M E N T

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:

Page 2

JUDGMENT

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

u