The apex court has posted the case for further hearing after three weeks.
Earlier on January 19, Swamy said there was no way that the Sunanda Pushkar death case could be closed.
"If they (court) closes the FIR then they will have to go to the Patiala Court or Tis Hazari Court and the Magistrate may not accept that but I will be there to counter argue this matter. There is no way this case can be closed," Swamy told ANI.
He added that the Delhi Police had asked for time to apply for a new technique, which they have completed and are waiting for the status report.
Delhi Police has carried out a 'forensic psychology examination', a relatively new mode of investigation, on Congress leader Shashi Tharoor and four of his associates in the death of Sunanda Pushkar.
Pushkar, wife of Congress leader Shashi Tharoor, was found dead at a suite in a five star hotel in South Delhi on the night of January 17, 2014.