ASHOK KUMAR AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(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:

(3.) Shri Ram Jethmalani, learned senior counsel appearing on behalf of the appellant, has submitted that not only a statement was made, but even an affidavit had been filed by respondent no. 5 before the High Court that the investigation was complete and an investigative report had been finalised by him and no further investigation was required. Therefore, if further witnesses had been examined and certain evidence had been collected, it is evident that the statement so given and affidavit filed by respondent no. 5 was just to mislead the court and therefore, the court ought to have proceeded against him allowing the application filed by the appellant.