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IN THE SUPREME COURT OF INDIA

CRIMINAL APPEALLATE JURISDICTION


SPECIAL LEAVE PETITION (CRIMINAL) NO. OF 2022
[UNDER ARTICLE 136 OF CONSTITUTION OF INDIA]
(WITH PRAYER FOR INTERIM RELIEF)
[Against the Impugned final judgment and order dated
25.04.2022 passed by the Hon’ble High Court of Judicature at
Allahabad in Criminal Misc. Writ Petition No. 3894 of 2022]
IN THE MATTER OF:
Amit Kumar Jain …Petitioner
VERSUS
State of U.P. and Ors. …Respondents

With
CRLMP No. _________/2022
Application for exemption from filing certified copy of the
Impugned order

With
CRLMP No. _________/2022
Application for exemption from filing Official Translation.

PAPER BOOK
(For index kindly see inside)

ADVOCATE FOR THE PETITIONER: ABHINAY SHARMA


Dy. No. ............../2022

DECLARATION

All defects have been duly cured. Whatever has been added

/ deleted / modified in the petition is the result of curing of

defects and nothing else. Except curing the defects, nothing

has been done. Paper books are complete in all respects.

Signature: ---------------------------------

ABHINAY SHARMA

Advocate for the Petitioner

AOR Code: 3080

Contact No.: 9899272882

Email:sharmabhinay.aor@gmail.com
RECORD OF PROCEEDINGS

SR. NO. RECORD OFPROCEEDINGS PAGE NO.

1. Court’s Order dated

2. Court’s Order dated

3. Court’s Order dated

4. Court’s Order dated

5. Court’s Order dated

6. Court’s Order dated

7. Court’s Order dated

8. Court’s Order dated

9. Court’s Order dated

10 Court’s Order dated


No. F.5/Judl(I)/2018, dated: 29/10/2018
w.e.f. 29th October, 2018 A1

ANNEXURE_X

PROFORMA FOR FIRST LISTING


SECTION_ _ _ __
The case pertains to (Please tick/check the correct box}:

• Central Act: (Title) Indian Penal Code

• Section: NA

• Central Rule: (Title) NA

• Rule No(s} NA

• State Act: (Title) NA

• Section: NA

• State Rule: (Title) NA

• Rule No(s) NA

• Impugned Interim Order: (Date) NA

• Impugned Final Order/Decree: (Date) 25.04.2022

• High Court: (Name) Highb Court of Judicature at Allahabad

• Names of Judges: Hon'ble Ashwani Kumar Mishra,J.


Hon'ble Rajnish Kumar,J
• Tribunal/Authority: (Name} NA

1. Nature of matter: • Civil •


Yes Criminal

2. (a) Petitioner/ appellant No. l : Amit Kumar Jain


(b) e-mail ID:
(c) Mobile phone number:
A2

3. (a) Respondent No. l :_ State


_ _of_ _ _ _ _ _ _ _ _ __
UP
(b) e-mail ID:_ _ __ _ _ __ _ _ _ _ _ __.____ _
(c) Mobile phone number: _ _ _ _ _ _ _ _ _ _ __

4. (a) Main category classification: _14


__ _ _ __
(b) Sub classification:- 1408
----------
5. Not to be listed before :- -NA- -- - - - - - - -

6. (a) Similar disposed of matter with citation, if any, & case


No similar matter
details:- - - - - - - -- -
(b) Similar pending matter with case details: _No_similar
___ matter
__

7. Criminal Matters:

(a) Whether accu sed/convict has su1rendered: D


Yes D
No.
(b) FIR No._ 101/2022
_ _ _ _ _ _ _ __ Date: _ _ _ __
14.03.2022
Muzzafar
(c) Police Station: _ __ _Nagar
__ _ _ _ __
(d) Sentence Awarded: _ NA_ _ _ _ _ _ __ _
(e) Period of sentence undergone including period of
NA_ _ _ _ __
detention/ custody undergone: _ _
8. Land Acquisition Matters:

(a) Date of Section 4 notification: _ _NA


__ _ _
(b) Date of S ection 6 notification: _ _NA
_ _ __
NA
(c) Da te of Section 17 notification:_ _ _ __
9. Tax Matters: State the tax effect:- -NA
----
10. Specia l Category (first petitioner/ appellant only):
D Senior Citizen>65 years D SC/ST O woman/child D Disabled
D Legal a id case D In cu stody
11. Vehicle Number (in case of Motor Accident Claim m atters):

Date: 23.05.2022 AOR for petitioner(s)/appellant(s)


(Name)_ Abhinay
_ ·_ _ _ _ __ _
Sharma
Registration No._ 3080
_ _ _ _ __
INDEX

Sl. Particulars of Page No. of part to Remarks


No. Document which it belongs

Part I Part II
(Contents (Contents
of Paper of file
Book) alone)
(i) (ii) (iii) (iv) (v)
1. Court Fees Nil Nil
2. O/R on Limitation A A
3. Listing Performa A-1-A-2 A-1-A-2
4. Cover Page of Paper A-3
Book
5. Index of Record of A-4
Proceedings
6. Limitation Report A-5
prepared by the Registry
7. Defect List A-6
8. Note Sheet NS1
9. List of Dates. B- CC
10. Impugned final judgment
and order dated
25.04.2022 passed by
the Hon’ble High Court 1-3
of Judicature at
Allahabad in Criminal
Misc. Writ Petition No.
3894 of 2022

11. Special Leave Petition 4- 28


with Affidavit.

12. ANNEXURE P-1:


29-32
A true translated copy of
the transcript of the call
recording between the
Petitioner and the
Respondent No. 4 dated
11.03.2022 at 9.37 PM

13. ANNEXURE P-2:


33-75
A true translated copy of
the transcript of the
recorded conversations
between the Petitioner
and the Ld. Judge dated
11.03.2022

14. ANNEXURE P-3:


76-108
A true translated copy of
the transcript of the call
recording between the
Petitioner and the
Respondent No. 4 dated
12.03.2022

15. ANNEXURE P-4:


109-121
A true translated copy of
the transcript of the call
recording between the
Petitioner and the
Respondent No. 4 dated
13.03.2022 at 12:57 PM

16. ANNEXURE P-5:


122-157
A true translated copy of
the transcript of the call
recording between the
Petitioner and the
Respondent No. 4 dated
13.03.2022 at 2:23 PM
17. ANNEXURE P-6:

A true translated copy of 158-160


the transcript of the call
recording between the
Petitioner and the Ld.
Judge dated 14.03.2022
at 2:22 PM

18. ANNEXURE P-7:

A true translated copy of 161-179


the FIR filed by the
Respondent No. 4, being
FIR No. 101 of 2022
under Section 452, 387,
353, 506 and 507 of IPC,
before Police Station
Civil Lines, Muzzafar
Nagar, Uttar Pradesh,
against the Petitioner

19. ANNEXURE P-8:


180-188
A true translated copy of
the
Application/representati
on dated 15.03.2022
made by the Petitioner to
the S.S.P, Muzaffar
Nagar

20. ANNEXURE P-9:


189-202
A true translated copy of
the letter dated
15.03.2022 written by
the Petitioner to Hon’ble
Chief Justice of High
Court of Allahabad

21. ANNEXURE P-10:


203-212
A true translated copy of
the letter dated
15.03.2022 written by
the Petitioner to Hon’ble
Chief Justice of India

22. ANNEXURE P-11:


213-225
A true translated copy of
the representation made
by the Petitioner to the
Hon’ble Home Secretary
of Respondent No.1 state

23. ANNEXURE P-12:


226-238
A true translated copy of
the representations
made by the Petitioner to
the Home Minister of
India

24. ANNEXURE P-13 239-255


A true copy of the
Criminal Misc. Writ
Petition No. 3894 of
2022 filed by the
Petitioner before the
Hon’ble High Court of
Allahabad

25. CRLMP No. ______/2022


Application for 256-258
exemption from filing
certified copy of the
Impugned Order

26. CRLMP No.


_______/2022
Application for 259-261
exemption from filing
Official Translation

27. FIR Format 262


28. F/M 263
29. V/A 264
A5

IN THE SUPREME COURT OF INDIA


CRIMINAL APPEALLATE JURISDICTION
SPECIAL LEAVE PETITION (CRIMINAL) NO. OF 2022
[UNDER ARTICLE 136 OF CONSTITUTION OF INDIA]
[Against the Impugned final judgment and order dated
25.04.2022 passed by the Hon’ble High Court of Judicature at
Allahabad in Criminal Misc. Writ Petition No. 3894 of 2022]
IN THE MATTER OF:
Amit Kumar Jain …Petitioner
VERSUS
State of U.P. and Ors. …Respondents
OFFICE REPORT OF LIMITATION
1. The Petition is /are within time.

2. The petition is barred by time and there is delay of __NIL___

days in filing the SLP against Impugned final judgment and

order dated 25.04.2022 passed by the Hon’ble High Court of

Judicature at Allahabad in Criminal Misc. Writ Petition No.

3894 of 2022 for Condonation of __NIL__ Days delay has

been filed.

3. There is a delay of __NIL__ day in refilling the Petition and

Petition for the Condonation of delay in refilling has been

filed.

PLACE: NEW DELHI BRANCH OFFICER

Filed on: 23.05.2022


B

SYNOPSIS

By the instant Special Leave Petition, the Petitioner is

assailing the legality and validity of impugned final order and

judgment dated 25.04.2022 (hereinafter referred as

“Impugned Order”) passed by the Hon’ble High Court of

Judicature at Allahabad in Criminal Misc. Writ Petition No.

3894 of 2022 (hereinafter referred as “Writ Petition”). The

petitioner submits that the Hon’ble High Court has

erroneously dismissed the said Writ Petition filed by the

Petitioner on or about 01.04.2022 and directed the

investigation to be conducted by the police under the

supervision of the Senior Superintendent of Police, Muzaffar

Nagar, ignoring the material fact that the allegations raised by

the Petitioner in its writ petition would show that there were

inter alia serious allegations showing the involvement of wife

of the sitting Addl. District Judge of District Muzaffar Nagar,

Uttar Pradesh (hereinafter referred as “Ld. Judge”) and the

Ld. Judge himself.

The present petition also raises inter alia questions of law

for the kind consideration of this Hon’ble Court:


C

I. Whether the Hon’ble High Court failed to appreciate the

procedure as contemplated by this Hon’ble Court, for

matters wherein allegations have been made against the

sitting judicial officer, in Rajendra Singh v Lieutenant

Governor (NCT of Delhi) and Ors., as reported in (2011)

10 SCC 1 and Kamini Jaiswal v. Union of India, (2018) 1

SCC 156?

II. Whether the Hon’ble High Court while passing the

Impugned Order, erred in directing the Respondent No. 2

to investigate into the allegations raised by the Petitioner

against the Respondent No. 4 and her husband who is a

sitting judge in District Court of Muzaffar Nagar, Uttar

Pradesh?

III. Whether the Hon’ble High Court while passing the

Impugned Order, without appreciating the circumstances

due to which the Petitioner had to pay the bribe to the

Ld. Judge, erred in holding that the Petitioner had

intentionally and for his gain offered bribe to Ld. Judge

which disentitles the Petitioner to grant of any relief

under Article 226 of Constitution of India?


D

IV. Whether the Hon’ble High Court failed to appreciate the

fact that directing the local police authority to investigate

into the allegations against the sitting Ld. Judge of the

same district may have some influence over the

investigation and due process of law?

V. Whether the Hon’ble High Court failed to exercise its

vested control over District Judiciary as enumerated

upon the Hon’ble High Court under Article 235 of the

Constitution of India, by not taking action against the

judicial officer based on specific allegation against such

judicial officer which are also corroborated with

substantial proof?

The aforesaid question of laws need to be decided in light

of facts mentioned hereinafter.

It is most respectfully submitted that the said Ld. Judge

was conducting the trials being Trial No. 592 of 2004 and

Trial No. 932 of 2004, pending before District Court Muzaffar

Nagar, Uttar Pradesh (hereinafter referred as “Trial”) both

proceedings being trials for abduction and murder of the


E

younger brother of Petitioner viz. Sachin Jain, which were

pending before the court of the said Ld. Judge.

On 18.02.2022, the Ld. Judge asked the Petitioner to

come and meet him at his residence in the evening.

Accordingly, the Petitioner went to the residence of the Ld.

Judge in the evening. Further, the Ld. Judge thereafter

demanded a sum of Rs. 5,00,000/- for convicting the Accused

persons in on-going Trials for abduction and murder of the

brother of the Petitioner. Thereafter, the Ld. Judge,

Respondent No. 4 and the Petitioner had several telephonic

conversations discussing the modalities and

procedure/status of the Trial for conviction of the Accused

persons. The transcript of recorded telephonic conversations

between the Petitioner, Respondent No. 4 and Ld. Judge,

where the Ld. Judge and the Respondent No. 4 can clearly be

heard admitting taking some amount of monies for convicting

the said Accused persons, were placed on record by the

Petitioner before the Hon’ble High Court, however, the Hon’ble

High Court erroneously without appreciating the transcript of

the said recorded conversations passed the Impugned Order


F

dismissing the Writ Petition filed by the Petitioner seeking

independent enquiry into the allegations raised by the

Petitioner against the Respondent No. 4 and Ld. Judge.

The transcripts placed on record by the Petitioner inter

alia record the following conversations between the Petitioner,

Respondent No. 4 and Ld. Judge:

“Amit Jain Advocate - Sir, with folded hands, I request you to


give them life Imprisonment . Tell me if you want me to give
something else. I will give no problem.
Mrs. Neeru Aggarwal – No, it is not about giving me
something else.
Judge Shri Sandeep Gupta - I had said yes to you without
even reading the evidence. We had only read the papers.

Judge Mr. Sandeep Gupta – Judgment will be pronounced
on 15th. They will be put behind the bars.

Judge Sandeep Gupta –Let me read more, whatever is there is
factual. I want to convict all of them.
Amit Jain Advocate- You convict them all sir, you pass the
order accordingly. I will give whatever you demand.

Judge Mr. Sandeep Gupta – That is why we have called you
here today. 15th is almost here.

Amit Jain Advocate – So, you just let me know whatever
you want, I will give whatever you demand. I request you
with folded hands, because if you acquit one then whole case
G

will be shattered like pearls. If one of them is innocent then


you’ll have to acquit all of them because from the beginning all
of them were tried together. Already evidence are not that
strong and if you acquit one of them then the case will become
weak against rest of them that one of them have been acquitted
so how the trial can continue against rest. So, please do not
acquit anyone.
Judge Mr. Sandeep Gupta - How will I leave anyone like
this? I will write the entire judgment. I’ll not spare
anyone, I’ll hang them, all four of them.
Amit Jain Advocate - No no! you hang them sir. Tell me if you
want something more from me. I will do whatever you ask
without any problem.
Judge Mr. Sandeep Gupta - I will let you know.

Judge Mr. Sandeep Gupta - Now I have started reading the
files. Let me read. If anything happens, we will discuss with
each other. Will see, will hang all four of them.
Amit Jain Advocate – You do it sir, I will be indebt to you, you
just let me know whatever you want and I will do it.
Judge Mr. Sandeep Gupta - Look, if you had approached
me sooner, I would have hanged all of them by now.

Mrs. Neeru Aggarwal – Okay, let us study the matter and we
will call you day after tomorrow.
Judge Mr. Sandeep Gupta –
The date of the verdict is day after tomorrow only

Judge Mr. Sandeep Gupta – I will try, you do not worry.
Dharmpal and Rohit both are ready to pay me 6-7 Lakh,
they also approached me, I just don’t meet anyone.
Mrs. Neeru Agarwal – Whatever, we have made up in our mind,
we will do it accordingly.
H

Judge Mr. Sandeep Gupta - We have already said yes to


you.

Judge Shri Sandeep Gupta – Do not tell this to anyone. I
will try to hang all four of them.
Amit Jain Advocate -I'm not going to tell anyone, but the
sentence given by Sumit Panwar in that case, has the same
lawyer as Dharampal…

Judge Mr. Sandeep Gupta – Dharampal and Rohit are also
offering 6-7 lakhs and other two accused are also trying
to meet me.
Amit Jain Advocate - Sir, I am saying that suppose some
person says that I will give one crore rupees, acquit everyone.
Judge Shri Sandeep Gupta - We never meet anyone like this. I
am just reading the facts of the case. We have already said
yes to you that mean it will always remain yes.”

Amit Jain Advocate - Yes.
Mrs. Neeru Aggarwal - Yes he is asking if you can come at
10:30?
Amit Jain Advocate – Who is this speaking?
Mrs. Neeru Aggarwal - from the house of Gupta ji

Mrs. Neeru Aggarwal - Come at 10.30 PM.
Amit jain Advocate - Ok ok should I come now or morning?
Mrs. Neeru Aggarwal - Now, if you can come now then it is
fine otherwise, let's see tomorrow”
[Emphasis Supplied]
I

In view of the enormity of the issues raised by the

Petitioner staking his life and career at risk, the Hon’ble High

Court ought to have exercised its writ jurisdiction under

Article 226 of the Constitution of India. Further, while

refusing to grant any relief under Article 226 of the

Constitution of India, the Hon’ble High Court failed to

appreciate the circumstances under which the Petitioner was

constrained to pay the bribe to the Ld. Judge which was

admittedly accepted by the Ld. Judge.

It will not be out of place to mention that the Petitioner

has filed his representation before several authorities,

however, no action was taken on any of such representations,

constrained by which, the Petitioner approached the Hon’ble

High Court by filing the Writ Petition. The Hon’ble High Court

even after recording the seriousness of the matter instead of

taking the cognizance of matter in accordance with the settled

law as laid down by this Hon’ble Court in Rajendra Singh v

Lieutenant Governor (NCT of Delhi) and Ors., as reported in

(2011) 10 SCC 1 and Kamini Jaiswal v. Union of India, [(2018)

1 SCC 156] or to direct the Central Bureau of Investigation


J

(CBI) to do the investigation, directed the Respondent No. 2 to

ensure that no influence is allowed to be exercised by anyone.

Hence the present SLP.


K

LIST OF DATES

DATES EVENTS

2004 The brother of the Petitioner viz. Sachin Jain was

abducted and murdered in the year 2004.

Thereafter, FIR bearing No. 24 of 2004 was

registered by the father of the Petitioner in Nai

Mandi Police Station, Muzaffar Nagar, Uttar

Pradesh.

It is relevant to mention that the above case was

thoroughly investigated and charge sheet in the

above-mentioned FIR was filed. In the final charge

sheet, four persons were named as accused viz.

Dharampal, Katar Singh, Kapil and Rohit

(hereinafter referred as “Accused Persons”), all the

accused are facing trial as Trial No. 592 of 2004

(hereinafter referred as “Trial”). The Petitioner is

one of the witnesses in the above-mentioned trial.

2008 The Petitioner started practicing as an Advocate in

Civil Court Muzaffar Nagar in the year 2008 and is


L

a resident of District Muzaffar Nagar, Uttar

Pradesh. It is important to mention that the

Petitioner has devoted more than 14 years of his

life to this noble profession.

13.08.2021 When the Trial was pending before Ld. Judge the

Petitioner herein filed a petition before this Hon’ble

Court inter alia seeking relief for transfer of the

Trial to CBI, which is pending since the year 2004.

Further, while disposing the said writ petition, this

Hon’ble Court directed the trial court to dispose the

Trial within 6 months. However, even after the

direction of this Hon’ble Court to dispose the Trial

within 6 months, the Ld. Trial Court did not

dispose the Trial.

February, In the month of February, 2021, the

2022 aforementioned Trial was transferred from POSCO

Court to the Court of Addl. District Judge,

Muzzafar Nagar, Uttar Pradesh (hereinafter referred

as “Ld. Judge”)

18.02.2022 The Ld. Judge asked the Petitioner to come and


M

meet him at his residence in the evening.

Accordingly, the Petitioner went to the residence of

the Ld. Judge in the evening. Further, the Ld.

Judge thereafter demanded a sum of Rs.

5,00,000/- for convicting the Accused persons in

on-going Trials for abduction and murder of the

brother of the Petitioner. However, the Petitioner

refused to pay any amount to the Ld. Judge and

stated that we have strong case in our favour and

he will not give any amount to the Ld. Judge but to

utter shock of the Petitioner, Respondent No. 4

stated that Accused persons are also approaching

them with 6-7 Lakh and it is upon the Ld. Judge to

pass the judgment and he will pass the judgment

as he wish. Since even after running from pillar to

post for expeditious Trial of the Accused persons

who had abducted and murdered the younger

brother of the Petitioner and getting no relief, the

Petitioner, who was already under the pressure,

had no option but to obey the illegal demands of


N

the Ld. Judge for seeking complete justice in Trial

of abduction and murder of younger brother of the

Petitioner. Thereafter, the Ld. Judge, Respondent

No. 4 and the Petitioner had several telephonic

conversations discussing the modalities and

procedure/status of the Trial for conviction of the

Accused persons.

11.03.2022 The Respondent No. 4 had a telephonic

at 9:37 PM conversation with the Petitioner and requested the

Petitioner to come and meet the Ld. Judge and

Respondent No. 4 at their residence at 10:30 PM,

however, the Petitioner initially could not even

recognize the voice or phone number of the

Respondent No. 4 which is evident from the

transcript of the recorded telephonic conversation.

Thereafter, after the Respondent No. 4 stated that

she is calling on behalf of the Ld. Judge, she

handed over the phone to Ld. Judge.

The Ld. Judge also asked the Petitioner either to

meet them at his residence at 10:30 PM or they can


O

fix some time on next day. The Petitioner unaware

about the intentions of the Respondent No. 4

agreed to meet the Ld. Judge and Respondent No. 4

at their residence at 10:30 PM. The Petitioner

reached at the residence of Ld. Judge and

Respondent No. 4 and once again called them to

ask if he could come inside their residence, the

Respondent No. 4 on instructions of Ld. Judge

requested the Petitioner to come inside their

residence.

The relevant extract from the said transcript is

reproduced herein for ready reference of this

Hon’ble Court:

A true translated copy of the transcript of the call

recording between the Petitioner and the

Respondent No. 4 dated 11.03.2022 at 9.37 PM is

annexed herewith and marked as Annexure P-1

29
(Pg No. ____to 32
____).

11.03.2022 After accepting bribery from the Petitioner, the Ld.

Judge and his wife i.e. Respondent No. 4 herein


P

met the Petitioner on 11.03.2022 and inter alia

while admitting on several occasions that the Ld.

Judge has received the bribe, stated that the Ld.

Judge would convict the Accused Persons and he

would sentence them at least for life imprisonment.

Further, the Ld. Judge also in order to influence

the Petitioner, indicated that the Ld. Judge have

several contacts in higher judiciary and that the

counsel for the Accused Persons have also offered

him bribe for Rs. 6-7 Lakh. Pertinently, the Ld.

Judge also stated that he will pronounce the

judgment in the Trial on or before 15.03.2022.

The relevant part of transcript of recorded

conversation between the Petitioner, Ld. Judge and

Respondent No. 4 is reproduced herein for ease of

reference of this Hon’ble Court:

“Amit Jain Advocate - Sir, with folded hands, I


request you to give them life Imprisonment . Tell
me if you want me to give something else. I
will give no problem.
Mrs. Neeru Aggarwal – No, it is not about
giving me something else.
Judge Shri Sandeep Gupta - I had said yes to
you without even reading the evidence. We
Q

had only read the papers.



Judge Mr. Sandeep Gupta – Judgment will be
pronounced on 15th. They will be put behind
the bars.

Judge Sandeep Gupta –Let me read more,
whatever is there is factual. I want to convict
all of them.
Amit Jain Advocate- You convict them all sir, you
pass the order accordingly. I will give whatever
you demand.

Judge Mr. Sandeep Gupta – That is why we
have called you here today. 15th is almost
here.

Amit Jain Advocate – So, you just let me know
whatever you want, I will give whatever you
demand. I request you with folded hands,
because if you acquit one then whole case will be
shattered like pearls. If one of them is innocent
then you’ll have to acquit all of them because
from the beginning all of them were tried
together. Already evidence are not that strong
and if you acquit one of them then the case will
become weak against rest of them that one of
them have been acquitted so how the trial can
continue against rest. So, please do not acquit
anyone.
Judge Mr. Sandeep Gupta - How will I leave
anyone like this? I will write the entire
judgment. I’ll not spare anyone, I’ll hang
them, all four of them.
Amit Jain Advocate - No no! you hang them sir.
Tell me if you want something more from
me. I will do whatever you ask without any
problem.
Judge Mr. Sandeep Gupta - I will let you know.
R


Judge Mr. Sandeep Gupta - Now I have started
reading the files. Let me read. If anything
happens, we will discuss with each other.
Will see, will hang all four of them.
Amit Jain Advocate – You do it sir, I will be
indebt to you, you just let me know whatever you
want and I will do it.
Judge Mr. Sandeep Gupta - Look, if you had
approached me sooner, I would have hanged
all of them by now.

Mrs. Neeru Aggarwal – Okay, let us study the
matter and we will call you day after tomorrow.
Judge Mr. Sandeep Gupta –
The date of the verdict is day after tomorrow only

Judge Mr. Sandeep Gupta – I will try, you do
not worry. Dharmpal and Rohit both are
ready to pay me 6-7 Lakh, they also
approached me, I just don’t meet anyone.
Mrs. Neeru Agarwal – Whatever, we have made
up in our mind, we will do it accordingly.
Judge Mr. Sandeep Gupta - We have already
said yes to you.

Judge Shri Sandeep Gupta – Do not tell this to
anyone. I will try to hang all four of them.
Amit Jain Advocate -I'm not going to tell anyone,
but the sentence given by Sumit Panwar in that
case, has the same lawyer as Dharampal…

Judge Mr. Sandeep Gupta – Dharampal and
Rohit are also offering 6-7 lakhs and other
two accused are also trying to meet me.
Amit Jain Advocate - Sir, I am saying that
suppose some person says that I will give one
S

crore rupees, acquit everyone.


Judge Shri Sandeep Gupta - We never meet anyone
like this. I am just reading the facts of the case. We
have already said yes to you that mean it will
always remain yes.”
[Emphasis Supplied]

A true translated copy of the transcript of the

recorded conversations between the Petitioner and

the Ld. Judge dated 11.03.2022 is annexed

herewith and marked as Annexure P-2 (Pg No.

33
____to 75
____).

12.03.2022 The Petitioner had a telephonic conversation with

Respondent No. 4 wherein she inter alia told the

Petitioner that she had discussed it with the Ld.

Judge and that the conviction of the Accused

persons is assured, however, the Ld. Judge might

acquit one of the Accused i.e. Kapil since there is

no evidence against him. Further, after much

discussion, the Respondent No. 4 stated that she

would try to convince the Ld. Judge to convict Kapil

also with maximum imprisonment.

The relevant part of transcript of recorded


T

conversation between the Petitioner and

Respondent No. 4 is reproduced herein for ready

reference of this Hon’ble Court:

A true translated copy of the transcript of the call

recording between the Petitioner and the

Respondent No. 4 dated 12.03.2022 is annexed

herewith and marked as Annexure P-3 (Pg No.

76
____to 108
____)

13.03.2022 The Respondent No. 4 once again had a telephonic

at 12:57 PM conversation with the Petitioner and inter alia told

him that Accused persons in the Trial have been

roaming around their residence since yesterday

and they rang the doorbell several times, however,

she was not aware about the name of those

persons. Further, the Petitioner with bone fide

intention offered that the Respondent No. 4 could

call the Petitioner anytime if any Accused tries to

approach the Respondent No. 4.

Thereafter, the Respondent No. 4 stated that they


U

might be roaming around their house with

intention to contact the Ld. Judge.

The relevant part of the transcript of recorded

conversation between the Petitioner and

Respondent No. 4 is reproduced herein for ready

reference of this Hon’ble Court:

A true translated copy of the transcript of the call

recording between the Petitioner and the

Respondent No. 4 dated 13.03.2022 at 12:57 PM is

annexed herewith and marked as Annexure P-4

(Pg No. 109 121


____to ____).

13.03.2022 The Petitioner called the Respondent No. 4 to check

at 2:23 PM if the Ld. Judge will be able to deliver the judgment

on 15.03.2022, as promised by the Ld. Judge and

the Respondent No. 4. However, the Respondent

No. 4 stated that due to some personal difficulties,

the Ld. Judge might not be able to deliver the

judgment on 15.03.2022 but the Respondent No. 4

assured the Petitioner that she would try her best

that the judgement gets delivered on 15.03.2022.


V

Further, the Respondent No. 4 once again stated

that the prosecutor is also trying to pressurize the

Ld. Judge and Respondent No. 4 to not convict the

Accused persons, however, the Respondent No. 4

did not entertain the offers made by the prosecutor

or counsel for the Accused persons.

A true translated copy of the transcript of the call

recording between the Petitioner and the

Respondent No. 4 dated 13.03.2022 at 2:23 PM is

annexed herewith and marked as Annexure P-5

(Pg No. 122 157


____to ____).

14.03.2022 Thereafter, suddenly on 14.03.2022 the Ld. Judge

at 2:22 PM called the Petitioner and started abusing the

Petitioner and alleged that the Petitioner is

harassing his wife i.e. Respondent No. 4. However,

when the Petitioner told the Ld. Judge that the

Petitioner has all the call recording of all the

conversations between the Petitioner, Ld. Judge

and Respondent, the Ld. Judge disconnected the

call and threatened the Petitioner with dire


W

consequences.

The relevant part of the transcript of recorded

conversation between the Petitioner and the ld.

Judge is reproduced herein for ease of this Hon’ble

Court:

A true translated copy of the transcript of the call

recording between the Petitioner and the Ld. Judge

dated 14.03.2022 at 2:22 PM is annexed herewith

and marked as Annexure P-6 (Pg No. 158


____to 160
____).

14.03.2022 After calling and abusing the Petitioner, the wife of

at 11:35 PM Ld. Judge i.e. Respondent No. 4 lodged a FIR being

FIR No. 101 of 2022 under Section 452, 387, 353,

506 and 507 of IPC, before Police Station Civil

Lines, Muzzafar Nagar, Uttar Pradesh, against the

Petitioner herein raising several baseless

allegations including that the Petitioner on several

occasions had sent messages and called the

Respondent No. 4 and threatened the Respondent

that if the Ld. Judge does not convict the Accused

persons then the Petitioner would kidnap and


X

murder the whole family of Respondent No. 4.

Further, the Respondent No. 4 in her FIR has also

alleged that on 14.03.2022 the Petitioner

trespassed the residence of the Ld. Judge and

assaulted the Ld. Judge and Respondent No. 4 and

threatened to kill them if they do not convict the

Accused Persons in on-going trial before the Ld.

Judge.

A true translated copy of the FIR filed by the

Respondent No. 4, being FIR No. 101 of 2022 under

Section 452, 387, 353, 506 and 507 of IPC, before

Police Station Civil Lines, Muzzafar Nagar, Uttar

Pradesh, against the Petitioner is annexed herewith

and marked as Annexure P-7 (Pg No. 161 179


____to ____).

(NOTE: Pertinently, the FIR was lodged by the

Respondent No. 4 at 11:35 PM with allegations that

the Petitioner had forcefully entered the residence

of the Respondent No. 4 and Ld. Judge, at 1 PM, to

threaten them to pass favourable judgment,


Y

however, it is a matter of record that the Ld. Judge

called the Petitioner at 2:22 PM inter alia abusing

the Petitioner for the reasons best known to him.)

15.03.2022 Aggrieved by the FIR dated 14.03.2022 the

Petitioner filed his representation before the Police

Station Civil Lines, Muzzafar Nagar, Uttar Pradesh.

The Petitioner while enclosing all the call recordings

between the Ld. Judge, Respondent No. 4 and the

Petitioner clearly showing that the Ld. Judge has

taken bribery from the Petitioner, stated that the

Ld. Judge on 14.03.2022 called the Petitioner on

his mobile phone and inter alia started abusing the

Petitioner. Further, the Petitioner in his

representation request the police authority to check

the CCTV camera installed near the residence of

Ld. Judge to check if the Petitioner was near their

residence.

The Petitioner in his representation also stated that

the alleged time of incident is around 1 PM and the

FIR was lodged by the Respondent No.4 at 11:35


Z

PM which itself shows that the FIR is clearly an

afterthought by the Ld. Judge to use Respondent

No. 4 as a pawn to frame the Petitioner in false case

under Section 452, 387, 353, 506 and 507 of IPC.

It is pertinent to mention that pursuant to the

representation made by the Petitioner, the police

authority has still not impounded the CCTV footage

of the residence of the Respondent No. 4 on

contrary the police authority is harassing the

Petitioner to provide several documents/recording

in original form for “forensic investigation”.

A true translated copy of the

Application/representation dated 15.03.2022 made

by the Petitioner to the S.S. P, Muzaffar Nagar is

annexed herewith and marked as Annexure P-8

(Pg No. 180 188


____to ____).

15.03.2022 The Petitioner on 15.03.2022 also wrote an e-mail

to District Judge, Muzzafar Nagar marking the

same mail to registrar of Hon’ble High Court of

Allahabad and this Hon’ble Court.


AA

In the said e-mail, the Petitioner has raised the

clear allegations against the Ld. Judge for taking

bribe from the Petitioner and further stated that the

Petitioner is under life threat from the family of Ld.

Judge and Respondent No. 4. Further, the

Petitioner also wrote a letter to Hon’ble Chief

Justice of High Court of Allahabad as well as

Hon’ble Chief Justice of India revealing the corrupt

practices of Ld. Judge.

A true translated copy of the letter dated

15.03.2022 written by the Petitioner to Hon’ble

Chief Justice of High Court of Allahabad is annexed

herewith and marked as Annexure P-9 (Pg No.

189 202
____to ____).

A true translated copy of the letter dated

15.03.2022 written by the Petitioner to Hon’ble

Chief Justice of India is annexed herewith and

203 212
marked as Annexure P-10 (Pg No. ____to ____).

17.03.2022 The Petitioner also sent a representation to the

Hon’ble Home Secretary of Respondent No.1 state


BB

and Home Minister of India for an independent and

impartial investigation into the allegations raised by

the Petitioner against the Ld. Judge, however, till

date no response has been received by the

Petitioner to his representation.

A true translated copy of the representation made

by the Petitioner to the Hon’ble Home Secretary of

Respondent No.1 state is annexed herewith and

213 225
marked as Annexure P-11 (Pg No. ____to ____).

A true translated copy of the representations made

by the Petitioner to the Home Minister of India is

annexed herewith and marked as Annexure P-12

(Pg No. 226


____to 238
____).

01.04.2022 Aggrieved by no action being taken against the

representations filed by the Petitioner before several

authorities, the Petitioner filed the Writ Petition

being Criminal Misc. Writ Petition No. 3894 of 2022

before the Hon’ble High Court of Allahabad seeking

independent enquiry into the allegations raised by

the Petitioner against the Ld. Judge and further


CC

seeking protection from the malicious proceedings

being conducted against the Petitioner on behest of

the Ld. Judge.

A true copy of the Criminal Misc. Writ Petition No.

3894 of 2022 filed by the Petitioner before the

Hon’ble High Court of Allahabad is annexed

herewith and marked as Annexure P-13 (Pg No.

239 255
____to ____).

25.04.2022 The Hon’ble High Court of Allahabad after hearing

the submissions made by the counsel for Petitioner

passed the Impugned Order erroneously dismissing

the writ petition filed by the Petitioner by directing

coercive steps against the Petitioner and taking no

action against the Respondent No. 4 or the Ld.

Judge even after considering the admission by the

Ld. Judge and Respondent No. 4 for taking the

bribe for convicting the Accused persons in the on-

going Trial of abduction and murder of the younger

brother of the Petitioner in the year 2004.

23
__.05.2022 Hence the present Petition
IN THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 44 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 3894 of
2022

Petitioner :- Amit Kumar Jain


Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Satyendra Narayan Singh
Counsel for Respondent :- G.A.

Hon'ble Ashwani Kumar Mishra,J.


Hon'ble Rajnish Kumar,J.

This writ petition has been filed seeking following reliefs:-

"(i) Issue a writ, order or direction in the nature of Mandamus directing the
respondent authority to transfer the investigation of Case Crime No.101 of
2022, under Sections 452, 387, 353, 506, 507 IPC, Police Station Civil
Lines, District Muzaffar Nagar to Central Bureau of Investigation (CBI) to
investigate the above noted case.

(ii) Issue a writ, order or direction in the nature of mandamus directing the
respondent no.1 to decide the representation dated 17.03.2022 within
stipulated time.

(iii) Issue a writ, order or direction in the nature of mandamus directing


the respondents to make fair investigation in Case Crime No.101 of 2022,
under Sections 452, 387, 353, 506, 507 IPC, Police Station Civil Lines,
District Muzaffar Nagar."

The facts of the case are disturbing. We direct the description of


parties to be anonymized. Names of the parties to the present
petition henceforth shall be referred to as X vs. State.

The First Information Report under challenge is contained in


Annexure-1 to the writ petition. The informant happens to be
the wife of a Judicial Officer and claims to be receiving threats
from the named accused whose matter is pending in the court of
her husband. Various instances of such threats have been
referred to in the report. Prayer has thus been made to
investigate the crime and to provide appropriate protection to
the family members of the judicial officer concerned.

The FIR is challenged on the ground that there exists complicity


of the Judicial Officer and his wife in the matter and various
call recordings of telephonic conversations between them have
been brought on record of the writ petition and its annexures. In
para 9 & 20 of the writ petition it is also alleged that certain
considerations have been passed on to the officer concerned.
The petitioner virtually accepts having paid bribe for favourable
decision in the matter. Transcripts of communication between
the Presiding Officer; his wife; and the parties have been
annexed in order to demonstrate that Presiding Officer is
2
himself guilty in the matter and that the information given by
his wife to the police is not reliable and the FIR is liable to be
quashed.

Judicial system of this country is governed by the rule of law


and its credibility rests upon trust of the people in the system
itself. Instances of this kind, if the allegations are correct, have
the ability to question the confidence of a common man in the
system itself. It is, therefore, imminently necessary that the
allegations and counter allegations are thoroughly investigated
in an independent and fair manner. The issue cannot be taken
lightly.

So far as the implication of petitioner in the FIR is concerned


we find that allegations are specific which clearly make out a
prima facie case of cognizable offence in the matter. Whether
these allegations are correct or not is an aspect to be examined
during the course of investigation. We would not be inclined to
interfere with the ongoing investigation in the matter or to
direct the investigation to be transferred to any other agency on
the asking of petitioner merely on the strength of vague
allegations that the investigating officer is not acting
independently. The allegations are neither specific nor are
substantiated. We, therefore, do not find any good ground to
doubt the impartiality of the Investigating Officer in the matter
so as to transfer the investigation to any other agency.

The petitioner admittedly is an advocate and he is thus an


officer of the Court. Narration of facts in the writ petition which
is supported by petitioner's own affidavit clearly suggest that
petitioner had intentionally and for his gain offered bribe to a
Judicial Officer which clearly disentitles him to grant of any
relief by this Court under Article 226 of the Constitution of
India. We direct the Registry to send copy of this order
alongwith the writ petition to the Chairman, Bar Council of
Uttar Pradesh for appropriate action in the matter in accordance
with law.

Counsel for the petitioner has referred to and relied upon


judgment of this Court in Sri Gopal Gupta and another vs. State
of U.P. and others being Writ Petition No.10987 of 2014,
decided on 12.09.2014. In that case facts were distinct. The
investigation had already progressed and the Court had reasons
to form an opinion that the investigation was not progressing in
the desired manner where the allegation was against a judicial
officer of having committed offence under section 376 IPC. It
was in that unusual circumstances that the Court made
observations and directed investigation to be entrusted to the3
CBI. We do not find any such material available on record, as of
now, which persuades us to follow similar course.

So far as the judgement of the Apex Court in Param Vir Singh


vs. State of Maharashtra and others being Criminal Appeal
No.473 of 2022, decided on 24.03.2022, relied upon by
petitioner's counsel is concerned, it was passed in the facts of
the particular case where there was serious cloud on the conduct
of impartial investigation itself necessitating the transfer of
investigation to CBI.

Considering the seriousness of the allegations levelled we call


upon the Senior Superintendent of Police, Muzaffar Nagar to
personally monitor the investigation and ensure that no
influence is allowed to be exercised by anyone only because of
the status held by the persons involved in the matter. We also
direct that copy of this order alongwith writ petition be placed
before Registrar General of this Court for appropriate
examination.

Writ petition is, accordingly, dismissed.

Order Date :- 25.4.2022


Ashok Kr.
4
IN THE SUPREME COURT OF INDIA
CRIMINAL APPEALLATE JURISDICTION
SPECIAL LEAVE PETITION (CRIMINAL) NO. OF 2022
[UNDER ARTICLE 136 OF CONSTITUTION OF INDIA]
[Against the Impugned final judgment and order dated
25.04.2022 passed by the Hon’ble High Court of Judicature at
Allahabad in Criminal Misc. Writ Petition No. 3894 of 2022]
IN THE MATTER OF:
Amit Kumar Jain …Petitioner
VERSUS
State of U.P. and Ors. …Respondents
IN THE MATTER OF:

Between Position of Parties


In the Hon’ble In this
High Court of Hon’ble
Judicature at Court
Allahabad
1. Amit Kumar Jain Petitioner Petitioner
R/o 41, Gherkhatti, Nai
Mandi, District Muzaffar
Nagar

Versus

1. State of U.P. through its Respondent Contesting


Secretary Ministry of No. 1 Respondent
Home, U.P. at Lucknow No. 1

2. Senior Superintendent of Respondent Respondent


5
Police Muzaffar Nagar, No. 2 No. 2
District Muzaffar Nagar

3. Station House Officer, Respondent Respondent


Police Station Civil Lines, No. 3 No. 3
District Muzaffar Nagar

4. Smt. Neeru Agarwal, Respondent Respondent


R/o House No. HCH-I No. 4 No. 4
Type IV ground, Ground
Floor Court Complex,
Officers Colony, Near
Masjid, Muzaffar Nagar

MOST RESPECTFULLY SHOWETH:


1. That the present Special Leave Petition is being filed under

Article 136 of the Constitution of India for grant of Special

Leave to Appeal against final judgment and order dated

25.04.2022 (hereinafter referred to as “Impugned Order”)

passed by the Hon’ble High Court of Judicature at

Allahabad in Criminal Misc. Writ Petition No. 3894 of 2022

(hereinafter referred to as “Writ Petition”), whereby the

Hon’ble Court dismissed the said writ petition and directed

the investigation to be conducted by the Respondent No. 2,

ignoring the material fact that the allegations raised by the


6
Petitioner are against the sitting Addl. District Judge of

District Muzaffar Nagar, Uttar Pradesh (hereinafter referred

as “Ld. Judge”).

2. QUESTION OF LAW

That the Petitioner seeks the indulgence of this Hon’ble

Court to the following question of law:

I. Whether the Hon’ble High Court failed to exercise its

vested control over District Judiciary as enumerated

upon the Hon’ble High Court under Article 235 of the

Constitution of India, by not taking action against the

judicial officer based on specific allegations against

such judicial officer which are also corroborated with

substantial proof?

II. Whether the Hon’ble High Court failed to appreciate

the procedure laid down by this Hon’ble Court, for

conducting an enquiry against judicial officer, in

Rajendra Singh v Lieutenant Governor (NCT of Delhi)

and Ors., as reported in (2011) 10 SCC 1 and Kamini

Jaiswal v. Union of India, (2018) 1 SCC 156?


7
III. Whether the Hon’ble High Court while passing the

Impugned Order, erred in directing the Respondent No.

2 to investigate into the allegations raised by the

Petitioner against the Respondent No. 4 and her

husband who is a sitting judge in District Court of

Muzaffar Nagar, Uttar Pradesh?

IV. Whether the Hon’ble High Court while passing the

Impugned Order, without appreciating the

circumstances due to which the Petitioner had to pay

the bribe to the Ld. Judge, erred in holding that the

Petitioner had intentionally and for his gain offered

bribe to Ld. Judge which disentitles the Petitioner to

grant of any relief under Article 226 of Constitution of

India?

V. Whether the Hon’ble High Court erred in holding that

the Petitioner had intentionally and for his gain offered

bribe to a Ld. Judge, when it is evident from the

transcripts on record that in the facts and

circumstances of the case, the Petitioner was forced to


8
pay bribe to the Ld. Judge for expeditious disposal of

Trial which is pending since the year 2004 related to

abduction and murder of younger brother of the

Petitioner?

VI. Whether the Hon’ble High Court while passing the

Impugned Order, failed to appreciate the fact that the

Petitioner is the brother of the victim, who was

abducted and murdered in Case Crime No. 24 of 2004

which was pending adjudication before the Ld. Judge?

VII. Whether the Hon’ble High Court while passing the

Impugned Order, erred in holding that the

investigation is not liable to be transferred to an

Independent Agency even after observing that the

allegations and counter allegations are serious in

nature concerning the trust of general public in

judicial system that ought to be investigated in a fair

and independent manner?

VIII. Whether the Hon’ble High Court failed to appreciate

the fact that directing the local police authority to


9
investigate into the allegations against the sitting Ld.

Judge of the same district may influence the

investigation and due process of law?

IX. Whether the Hon’ble High Court failed to take suo moto

cognizance against the actions of the sitting Ld. Judge

even after observing in the Impugned Order that in

order to preserve the trust and faith of the common

man in the judicial system, the allegations and counter

allegations are ought to be investigated in fair manner?

X. Whether the Hon’ble High Court erred in holding that

action must be taken by the Bar Council of Uttar

Pradesh against the Petitioner for offering bribe to Ld.

Judge and no action was directed against the sitting

Ld. Judge who also admittedly accepted the bribe?

XI. Whether the Hon’ble High Court failed to appreciate

the fact that the call recordings and CCTV footage,

which are crucial material evidences in the facts and

circumstances of this case, were not collected and


10
preserved by the Respondent No. 2 and Respondent

No. 3 Police?

XII. Whether the Hon’ble High Court failed to appreciate

the fact that the Application moved by the Petitioner

before Home Secretary U.P at Lucknow and Home

Secretary Govt. of India New Delhi for transferring the

investigation is still pending adjudication before the

concerned Authority?

XIII. Whether the Hon’ble High Court failed to appreciate

the fact that there has been continuous pressure and

threat by the Respondent police on the Petitioner

during investigation?

XIV. Whether the Hon’ble High Court erred in holding that

fact of the present matter does not require any

independent investigation which is not controlled by

the state machinery?

3. DECLARATION IN TERMS OF RULE 2(2):


11
The Petitioner state that no other petition seeking leave to

appeal has been filed by her with respect to final judgment

and order dated 25.04.2022 passed by the Hon’ble High

Court of Judicature at Allahabad in Criminal Misc. Writ

Petition No. 3894 of 2022.

4. DECLARATION IN TERMS OF RULE 4:

The Annexure P- 1 to P- 13 are produced along with the

Special Leave Petition are true copies of the pleadings /

documents which formed part of the records of the case in

the court below against whose order the leave to appeal is

sought for in this petition.

5. GROUNDS

The petitioner craves leave to appeal, inter-alia on the

following grounds amongst others which are without

prejudice to each other:-

A. Because the Hon’ble High Court while passing the

Impugned Order, erred in directing the Respondent No. 2

to investigate into the allegations raised by the Petitioner

against the Respondent No. 4 and her husband who is a


12
sitting judge in District Court of Muzaffar Nagar, Uttar

Pradesh. The Petitioner most respectfully submits that

the investigation into the allegations raised against the

sitting Ld. Judge of a district by the local police may have

influence over the investigation against such Ld. Judge.

Further, the local police who also report to such Ld.

Judge, no matter what the investigation concludes, will

not build the confidence in general public for general

public which was the real intention of the Hon’ble High

Court while passing the Impugned Order.

B. Because the Hon’ble High Court erred in holding that the

relief sought by the Petitioner includes the relief quashing

of the said FIR. It is submitted that the relief (i) to (v)

stated in the Criminal Misc. Writ Petition No. 3894 of

2022 nowhere mentions that the said FIR should be

quashed and the reliefs were prayed only limited to the

extent of transferring the investigation to an independent

agency for fair investigation. In fact, the impugned

judgment has been delivered as if the writs were filed for

seeking quashing of the FIRs against the Petitioner.


13
C. Because the Hon’ble High Court while passing the said

impugned order, erred in holding that the investigation is

not liable to be transferred to an Independent Agency

even after observing that the allegations and counter

allegations are serious in nature and therefore ought to

be investigated in a fair and independent manner. It is

submitted that after taking the transcripts of the call

recording between the Respondent No. 4 and the

Petitioner and also between the sitting Ld. Judge and the

Petitioner placed on record by the Petitioner into

consideration, it is recorded by the Hon’ble High Court

that the said transcripts demonstrates that the Ld. Judge

is guilty in the matter.

D. Because the Hon’ble High Court while passing the

Impugned Order, without appreciating the circumstances

due to which the Petitioner had to resort to offer bribe to

the Ld. Judge, erred in holding that the Petitioner had

intentionally and for his gain offered bribe to Ld. Judge

which disentitles the Petitioner to grant of any relief

under Article 226 of Constitution of India.


14
E. Because the Hon’ble High Court erred in holding that the

Petitioner had intentionally and for his gain offered bribe

to a Ld. Judge, when it is evident from the transcripts on

record that in the facts and circumstances of the case,

the Petitioner was forced to pay bribe to the Ld. Judge. It

is submitted that the Hon’ble High Court referred to

paragraph 8 and 9 of the said writ petition in the

impugned order and erroneously held that the Petitioner

for his gain offered bribe to the Ld. Judge. The facts and

circumstances leading to the only option the petitioner

was left with and had to resort to i.e., offering a bribe are:

i. It is submitted that the FIR bearing Case Crime No.

24 of 2004 was registered by the father of the

Petitioner in Nai Mandi Police Station, Muzaffar

Nagar in the case of abduction and murder of the

brother of the Petitioner which was pending has

been pending in that matter for last 18 years.

ii. Thereafter, the Petitioner, on 18.02.2022, was asked

the Ld. Judge to come and meet at his residence.


15
iii. It is pertinent to mention that the first call was from

the Respondent No. 4 to the Petitioner and not vice

versa.

iv. The Petitioner, after seeing there was no hope for

justice, gave in to the illegal demands of the Ld.

Judge and paid the amount asked by the Ld. Judge.

F. Because the Hon’ble High Court while passing the

impugned order, failed to appreciate the fact that the

Petitioner is the brother of the victim, who was abducted

and murdered, in Case Crime No. 24 of 2004 which was

pending adjudication before the said Ld. Judge.

G. Because the Hon’ble High Court failed to take suo moto

cognizance against the actions of the sitting Ld. Judge

even after observing in the impugned order that in order

to preserve the trust and faith of the common man in the

judicial system, the allegations and counter allegations

are ought to be investigated in fair manner. It is

submitted that the Hon’ble High Court directed actions

against the Petitioner for alleged offering bribe to the Ld.


16
Judge by directing the Bar Council of Uttar Pradesh to

take appropriate steps against the Petitioner, however,

failed to take any steps against the sitting Ld. Judge for

firstly asking bribe to do this official duty and secondly to

accept the bribe.

H. Because the Hon’ble High Court failed to appreciate the

fact that the call recordings and CCTV footage, which are

crucial material evidences in the facts and circumstances

of this case, were not collected and preserved by the

Respondent No. 1 Police.

I. Because the Hon’ble High Court while passing the

Impugned Order, failed to appreciate that it is

Respondent No. 4 who had initiated the conversations

and called the Petitioner to their residence which is

evident from the transcript as well as Call Detail Records

between the Petitioner and Respondent. It is most

respectfully submitted that the Respondent No. 2 may be

directed to file Call Detail Records of the Respondent No.

4 and Petitioner which will make it clear that the FIR


17
against the Petitioner is just to thwart the allegations

raised by the Petitioner against Ld. Judge and

Respondent No. 4.

J. Because the Hon’ble High Court failed to appreciate the

fact that the Application moved by the Petitioner before

Home Secretary U.P at Lucknow and Home Secretary

Govt. of India New Delhi for transferring the investigation

to Central Bureau of Investigation(CBI) is still pending

adjudication before the concerned Authority. It is

submitted that the Petitioner also gave representations to

the Hon’ble Chief Justice of India, Hon’ble Chief Justice

of Allahabad High Court, Administrative Judge Muzaffar

Nagar and High Court Allahabad and Registrar General

High Court of Allahabad, however there was response.

K. Because the Hon’ble High Court failed to appreciate the

fact that there has been continuous pressure and threat

by the Respondent No. 1 police on the Petitioner during

investigation.
18
L. Because the Hon’ble High Court while directing the

Respondent No. 2 to monitor the investigation on the

allegations and counter allegations made against the ld.

Judge, failed to appreciate the law laid down by this

Hon’ble Court in Kamini Jaiswal v. Union of India,

(2018) 1 SCC 156. The relevant extract of the said

judgment is reproduced herein for ready reference of this

Hon’ble Court:

“23. … There is an averment made in the writ petition


that it is against the highest judicial functionaries;
that FIR has been recorded. We do not find reflection
of any name of the Judge of this Court in the FIR.
There is no question of registering any FIR against
any sitting Judge of the High Court or of this Court as
it is not permissible as per the law laid down by a
Constitution Bench of 5 Hon'ble Judges of this Court
in K. Veeraswami v. Union of India [K. Veeraswami v.
Union of India, (1991) 3 SCC 655 : 1991 SCC (Cri)
734] wherein this Court observed that in order to
ensure the independence of the judiciary the
apprehension that the executive being the largest
litigant, it is likely to misuse the power to prosecute
the Judges. Any complaint against a Judge and
investigation by CBI if given publicity, will have a far-
reaching effect on the Judge and the litigant public.
The need, therefore, is of judicious use of action
taken under the Act. There cannot be registration of
any FIR against a High Court Judge or Chief Justice
of the High Court or the Supreme Court Judge without
the consultation of the Hon'ble Chief Justice of India
and, in case there is an allegation against the Hon'ble
Chief Justice of India, the decision has to be taken by
19
the Hon'ble President, in accordance with the
procedure prescribed in the said decision. Thus, the
instant petitions, as filed, are a misconceived venture
inasmuch as the petition wrongly presupposes that
investigation involves higher judiciary i.e. this Court's
functionaries are under the scanner in the aforesaid
case; that independence of judiciary cannot be left at
the mercy of CBI or that of the police is a red herring.
There cannot be any FIR even against the Civil
Judge/Munsif without permission of the Chief Justice
of the court concerned; and rightly, FIR has not been
registered against any sitting Judge. Otherwise, on
unfounded allegations, any honest Judge to the core,
can be defamed, and reputation can be jeopardised.
No Judge can be held responsible for what may, or
has happened in the corridors, or for “who purports to
sell whom”….”

[Emphasis supplied]

M. Because the Hon’ble High Court failed to appreciate the

law laid down by this Hon’ble Court in Civil Appeal No.

3613 of 2022 titled as Muzaffar Husain vs State of

Uttar Pradesh and Anr that the undue favour to a party

under the guise of passing judicial orders is the worst

kind of judicial dishonesty and misconduct. The relevant

portion of the above-mentioned judgment is reproduced

below for ready reference:

“In our opinion, showing undue favour to a party


under the guise of passing judicial orders is the
worst kind of judicial dishonesty and misconduct.
20
The extraneous consideration for showing favour
need not always be a monetary consideration. It is
often said that “the public servants are like fish in
the water, none can say when and how a fish
drank the water”. A judge must decide the case on
the basis of the facts on record and the law
applicable to the case. If he decides a case for
extraneous reasons, then he is not performing his
duties in accordance with law. As often quoted, a
judge, like Caesar’s wife, must be above
suspicion.”

[Emphasis supplied]

N. Because the Hon’ble High Court erred in ignoring the law

laid down in Rajendra Singh Verma v. Lt. Governor

(NCT of Delhi), (2011) 10 SCC 1 by this Hon’ble Court

that by virtue of Article 235 of the Constitution of India,

High Court enjoys complete control over the District

Courts and subordinate Courts’ judges. The relevant

portion of the above-mentioned judgment is reproduced

below for ready reference:

“80. The mandate of Article 235 of the Constitution


is that the High Court has to maintain constant
vigil on its subordinate judiciary as laid down by
this Court in High Court of Judicature of Bombay
v. Shirishkumar Rangrao Patil [(1997) 6 SCC 339.
In the said case, this Court has explained that the
lymph nodes (cancerous cells) of corruption
constantly keep creeping into the vital veins of the
judiciary and need to stem it out by judicial
surgery lies on the judiciary itself by its self-
21
imposed or corrective measures or disciplinary
action under the doctrine of control enshrined in
Articles 235 and 124(6) of the Constitution, and
therefore, it would be necessary that there should
be constant vigil by the High Court concerned on
its subordinate judiciary and self-introspection.
81. Judicial service is not a service in the sense of
an employment as is commonly understood.
Judges are discharging their functions while
exercising the sovereign judicial power of the
State. Their honesty and integrity is expected to be
beyond doubt. It should be reflected in their overall
reputation. There is no manner of doubt that the
nature of judicial service is such that it cannot
afford to suffer continuance in service of persons of
doubtful integrity or who have lost their utility.”

[Emphasis supplied]

O. Because the Hon’ble High Court erred in ignoring the law

laid down by the Hon’ble High Court Allahabad that the

investigation has to be from all possible angles and not

one sided due to the involvement of Ld. Judge in Sri

Gopal Gupta And Anr. vs State of U.P. And 2 Others

CRIMINAL MISC. WRIT PETITION No. - 10987 of 2014

“The investigation has to be fair judicious,


transparent and expeditious to ensure with basic
compliance of law i.e. to find out as to where the
truth lies. Same obligates the Investigating Officer
to view the case in hand being investigated from
all possible angles i.e. from the perspective of
complainant and from the perspective of accused
persons also, as ultimate object of investigation is
to bring guilty to law as no body stands above law
22
dehors his position and influence in the society.
The investigation has to be conducted in manner,
that would reflect that every possible measure has
been taken to find out the whole truth and to
decipher the truth from the web of falsehoods.”
[Emphasis supplied]

6. GROUNDS FOR INTERIM RELIEF:

It is humbly submitted that the Petitioners are entitled to

the interim relief prayed for, inter-alia for the following

reasons:

A. Because the impugned judgment has passed in utter

disregard of various judgments passed by this Hon’ble

Court.

B. Because the Hon’ble High Court failed to appreciate the

fact that the Application moved by the Petitioner before

Home Secretary U.P at Lucknow and Home Secretary

Govt. of India New Delhi for transferring the investigation

is still pending adjudication before the concerned

Authority.

C. Because the Petitioner has a good prima facie case on

merits. Further the balance of convenience is in favour of


23
the Petition. It is submitted that no irreparable loss shall

be caused to the Respondent is the prayers for interim

relief are granted. However, if the interim reliefs as prayer

for are not granted, grave and irreparable harm and loss

shall be suffered by the Petitioner.

D. Because the Hon’ble High Court failed to appreciate the

fact that the call recordings and CCTV footage, which are

crucial material evidences in the facts and circumstances

of this case, were not collected and preserved by the

Respondent No. 1 Police.

E. Because the Hon’ble High Court while passing the

impugned order, failed to appreciate the fact that the

Petitioner is the brother of the victim, who was abducted

and murdered, in Case Crime No. 24 of 2004 which was

pending adjudication before the said Ld. Judge

7. PRAYER:

In the facts and circumstances of the case and in the

interest of justice, it is most respectfully prayed that this

Hon’ble Court may graciously be pleased to:


24
i. Grant Special Leave to Appeal against the final

judgment and order dated 25.04.2022 passed by the

Hon’ble High Court of Judicature at Allahabad in

Criminal Misc. Writ Petition No. 3894 of 2022;

ii. May pass such other and further order(s) as this

Hon’ble Court may deem fit and proper in the premises

of this case.

8. PRAYER FOR INTERIM RELIEF:

It is most respectfully prayed that this Hon’ble Court,

during the pendency of the hearing and disposal of the

present petition, may be pleased to:

i. Pass an appropriate order and stay the operation and

implementation of the Impugned Judgment and Order

dated 25.04.2022 passed by the Hon’ble High Court of

Judicature at Allahabad in Criminal Misc. Writ Petition

No. 3894 of 2022;

ii. Pass an appropriate order and stay the further

proceedings arising out of FIR No. 101 of 2022 under

Section 452, 387, 353, 506 and 507 of IPC, before

Police Station Civil Lines, Muzzafar Nagar, Uttar


25
Pradesh, filed by the Respondent No. 4, against the

Petitioner;

iii. Pass an appropriate order or direction for no coercive

steps against the Petitioner till pendency of the present

Petition;

iv. Stay the proceedings initiated by the Bar Council of

Uttar Pradesh on the direction of the Hon’ble High

Court against the Petitioner

v. Pass any other or further order(s) as this Hon’ble Court

may deem fit and proper in the facts and

circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER


AS IN DUTY BOUND SHALL EVER PRAY
Filed By:

ABHINAY SHARMA

Advocate for the Petitioner

AOR Code: 3080

Contact No.: 9899272882

Email: sharmabhinay.aor@gmail.com
Drawn on:17.05.2022
Date: 23.05.2022 (Filed on)

Place: New Delhi


26
IN THE SUPREME COURT OF INDIA
CRIMINAL APPEALLATE JURISDICTION
SPECIAL LEAVE PETITION (CRIMINAL) NO. OF 2022
[UNDER ARTICLE 136 OF CONSTITUTION OF INDIA]

IN THE MATTER OF:


Amit Kumar Jain …Petitioner
VERSUS
State of U.P. and Ors. …Respondents
CERTIFICATE
Certified that the Special Leave Petition is confined only to the
pleading before the Court whose order is challenged and the
other documents relied upon in those proceedings. No Additional
facts documents or grounds have been taken therein or relied
upon in the Special Leave Petition. It is further certified that the
copies of the documents/ annexure attached to the Special Leave
Petition are necessary to answer the questions of law raised in
the petition or to make out grounds urged in the Special Leave
Petition for consideration of this Hon’ble Court. The certificate is
given on the basis of the instructions given by the person
authorized by the Petitioner whose affidavit is filed in support of
the Special Leave Petition.

PLACE: NEW DELHI (Abhinay Sharma)

Date:23-0 5-2022 ADVOCATE FOR THE PETITIONER


27
COURT OF INDIA
IN THE SUPREME
CRIMINAL APPEALLATE JURISDICTION

(CRIMINAL) NO. OF 2022


SPECIAL LEAVE PETITION

UNDER ARTICLE 136 OF CONSTITUTION OF INDIA]

IN THE MATTER OF:


.Petitioner
Amit Kumar Jain
VERSUS
State of U.P. and Ors. .Respondents

AFFIDAVIT

R/o
1, Sh. Amit Kumar Jain S/o Sh. Pradeep Kumar Jain, aged12,
Muzaffar Nagar, Uttar
H. No. 41, Gherkhatti, Nai Mandi, Distt.

Pradesh- 251 306, presently at New Delhi, do hereby solemnly

affirm and declare that:

such well conversant with the facts


1. I am the Petitioner and as

and circumstances of the present case.

2. That the facts stated in the accompanying synopsis and list of


A 28),
dates ( Pages B to CC
4Special Leave Petition (Pages 4 to

ANDANA true to the best of my


(Paras 1 to 8) andCRLMPs are

Knowledge. R
DANA
13 ann¢xed to the Special Leave
That the Annexure P/1 to P/_

TAR
RANetition are
K. BANDANNA true copy of their respective original.

Delhi/ *
Regd. No9718
ate of Expiry
26.02.2025
OF
IND
28
4. That the facts stated herein above are true to the best of my

knowledge and belief.

DEPONENT

VERIFICATION

1, the above named deponent do hereby verify that the facts

stated in the above affidavit are true to my knowledge. No part of

the same is false and nothing material has been concealed

therefrom.
2022
Verified at oh this Day of , 2022.
IDENTIFIED

O Regd.
OTAA
TAR
K. BANDAKA
Na
De. lhy1718
26.02.2025
Date6f Exp\y
18MAY 2022
pEPQNENT

26.02.2025
OF MDI

ATTESTED
NOTARYFUBLIC,
GOVT. OF INDIADELHI
ANNEXURE P-1 29

CALL RECORDING BETWEEN


MR. AMIT JAIN ADVOCATE
AND Mrs. NEERU AGGARWAL
W/O ADJ MR. SANDEEP
GUPTA

(FROM 8968231511 TO
9411033400)

DATE -11.03.2022

TIMING-21.37PM

CALL DURATION- 1.15


MINUTES

Amit Jain Advocate -- Hello.

Mrs. Neeru Aggarwal ---


Hello.

Amit Jain Advocate - Yes.

Mrs. Neeru Aggarwal – Yes,


he is asking if you can come
at 10:30 PM?

Amit Jain Advocate – Who is


this speaking?
30

Mrs. Neeru Aggarwal – I am


speaking from the house of
Gupta ji.

Amit Jain Advocate – who?

Mrs. Neeru Aggarwal – I am


speaking from the house of
Gupta ji.

Amit Jain Advocate – No,


What number did you dial?

Mrs. Neeru Agarwal-


Advocate Amit Jain
speaking?

Amit Jain Advocate - Yes


yes.

Mrs. Neil Aggarwal - Yes,


from Sandeep Gupta's
house.

Amit Jain Advocate – okay ,


okay hello madam.

Mrs. Neeru Aggarwal - Yes


Hello.
31

Amit Jain Advocate - Yes, I


will come at 10.30 pm.

Mrs. Neeru Aggarwal - Come


at 10.30 pm.

Amit jain Advocate - Ok ok


should I come now or in the
morning?

Mrs. Neeru Aggarwal - Now,


if you can come now then it
is fine otherwise, let's see
tomorrow

Amit Jain Advocate – as you


say, I can come now at
10:30 PM.

Mrs. Neeru Aggarwal --- One


minute, you talk to him

Judge Mr. Sandeep Gupta -


Hello!

Amit Jain Advocate - Hello


Sir!

Judge Mr. Sandeep Gupta -


Yes, hello.
32

Amit Jain Advocate -yes ,


Sir.

Judge Mr. Sandeep Gupta -


Where are you now?

Amit Jain Advocate - I am


here at shiv chowk sir

Judge Sandeep Gupta ---


Well if you can come at
10.30 PM, come, otherwise
we will keep it for tomorrow

Amit Jain Advocate - No, I


can come at 10.30 PM.

Judge Mr. Sandeep Gupta -


All right.

Amit Jain Advocate - Alright


Sir I am coming now!
ANNEXURE P-2 33

VOICE RECORDING
BETWEEN MR. AMIT JAIN
ADVOCATE AND ADJ MR.
SANDEEP GUPTA & MRS.
NEERU AGGARWAL

DATE - 11-03-2022

DURATION- 54.37 Sec

Judge Mr. Sandeep Gupta -


It will be covered by this
that the weapon that he has
recovered is this one only.

Amit Jain Advocate – yes it


is sir. My point is that if he
claimed in section 27 that I
can recover the body and
find out where it is
concealed, or can show the
Location of the body. It is
also admissible.

Judge Mr. Sandeep Gupta -


Yes It is. Katar Singh
snatched the keys from
Sachin and slid him into the
back seat. This will be
Surely on record.
34

Amit Jain Advocate -Yes,


you Should write this. But
you can, also Write
Mamchand's entire
statement which is relevant.

Judge Shri Sandeep Gupta -


Here it is for Dharmapal. I
have read it. Katar Singh
stated that he could show
the location as well as the
body.

Amit Jain Advocate – this is


it sir. these 4 lines are
admissible under section 27

Judge Mr. Sandeep Gupta –

What all should be written.


One is this.

Amit Jain Advocate – This is


the one thing It's quiet
significant. Can show the
dead body, can trace the
location of dead Body, it is
very strong thing even
supreme Court cannot deny
this Judgement
35

Judge Mr. Sandeep Gupta -


Yes, this is his one
statement

Amit jain Advocate - Sir,


take a look at his 156/3; I
have a typed copy with me.

Judge Mr. Sandeep Gupta -


She says in the beginning
that no person had come to
my house between 8.00 pm –
9:30 pm on 24.01.2004. In
the meantime, I cannot say
that anyone has spoken to
Raju because Raju was
missing. She says Raju was
missing from there

Amit Jain Advocate - She is


lying.

Judge Mr. Sandeep Gupta --


There she says something
else.

Amit Jain Advocate - We are


establishing that someone or
a witness is lying in court.
36

Judge Mr. Sandeep Gupta --


Date - On 24.01.2004 she
said Kapil is my son Kapil
was at home. However, on
September 17, 2021, she
stated that she does not
know where the Kapil is at
this time because he has
been missing.

Amit Jain Advocate - Sir she


is telling lies.

Judge Mr. Sandeep Gupta -


The incident is of 2004 and
she is saying this in 2021.
Till now she did not find
him?

Amit Jain Advocate - He is


absconding sir. There is
order for kurki against him .
To avoid this they had filed
a case . There are 25 cases
registered against him .
they were suggested to
make him vanish . File a
bogus case against him . If
37

anyone is facing a criminal


charge. Then can anyone
make a complaint against
him? We have, sir.

Judge Mr. Sandeep Gupta -


Where?

Amit Jain Advocate - Here in


Muzaffarnagar, We have
spent money on him. She
came to us crying and said
that I am telling the truth
that my son Raju, who is in
your case for abduction of
Sachin and Dharampal and
Rohit had taken him home
and at home they shot him.

Judge Mr. Sandeep Gupta -


Whose?

Amit Jain Advocate -


Sachin's. And the whole
roof.

Judge Mr. Sandeep Gupta -


What he said to you

Amit Jain Advocate-


38

He stated that Dharampal,


Rohit, Kapil, and Katar
Singh has had taken Sachin
from the alcohol store to
Dharampal's house.

Judge Mr. Sandeep Gupta --


It is in the statement.

Amit Jain Advocate - Not in


the statement. He came and
told us.

Judge Mr. Sandeep Gupta -


Okay.

Amit Jain Advocate

- He then spoke with


Dharampal's relatives and
handed the recorded tapes.

Judge Mr. Sandeep Gupta -


Okay.

Amit Jain Advocate - Kapil


then gave an interview to a
television station from his
residence. That they have
taken him from here. Like,
'Sir, suppose I am sitting
39

here and the mosque is in


front, then how will I signal
that I was abducted from
here. Yes or no So he told
that he had been taken from
here. Dharampal, Rohit,
Katar Singh, and Raju were
all there to take him home
and taken him home. Rohit
shot a gun on his forehead.
And his skull hit to the
ceiling. And there was blood
all over the ceiling .Later,
what was remained was
removed and thrown into the
canal. Mother was admitted
to the hospital for eight
days after hearing this.

Judge Mr. Sandeep Gupta –


yes sir that it is .

Amit Jain Advocate - When


the skull flew off, it hit the
ceiling. We know how sir we
did we had goosebumbs
Alright sir. We trusted his
40

words and decided to file a


complaint against him.

Judge Mr. Sandeep Gupta ---


hm

Amit Jain Advocate - We got


the case filed sir, got the
charge sheet filed against
him in it sir. He later
helped them get him
acquitted.

Judge Mr. Sandeep Gupta -


To whom?

Amit Jain Advocate -


Dharampal, and Rohit. We
said it.

Judge Mr. Sandeep Gupta -


They are killers for sure

Amit Jain Advocate - So he


saved his son Raju. They are
absconding. Found it at
home and then saying after
a month he met my girl in
Mansoorpur.
41

Judge Mr. Sandeep Gupta -


In which? statement?

Amit Jain Advocate –

This is what she says in her


statement. So, Sir, this one
has gone off on its own. One
was saved in such a way
that he was made, and the
other is having a good time.
Why would Kapil talk to the
killers when Rohit's brother,
Kapil's brother, has been
murdered? Tell me, sir, that
he hangs out with them,
that he comes and goes with
them. Sir, here it is..

Judge Mr. Sandeep Gupta -


Where?

Amit Jain Advocate – he has


been taken from home, after
some time had passed, he
met with your daughter in
Masnsoorpur. He claimed to
be with Dharampal Tau.
42

Judge Mr. Sandeep Gupta ---


So they are saying that
Dharampal has taken him .

Amit Jain Advocate - She is


lying; the 156/3 application,
a copy of the FIR, and a
certified copy of the
statement are all separate
documents. We have filed a
certified copy of her
statement in court. We
asked Chhotelal ji to put it
that we had to put the
question, but he wouldn't
let us. If this is done,
another proof will appear.
It's never mind . Files are
also filed under Sections 74
and 59 of the Evidence Act.

Judge Mr. Sandeep Gupta –


okay , FIR of Kuldip.

Amit Jain Advocate -


Kuldeep describes an
incident in which there is no
encounter. There was no
43

ongoing investigation. The


paper in which his
encounter occurred has been
filed.by us Sir, what did he
say twistedly while it was
late at night? There were no
public witnesses found by
the police. What are you
testifying about when they
have written it themselves?
Right?

Judge Shri Sandeep Gupta -


Yes.

Amit Jain Advocate --- —-


Sir, we have filed a
Dharampal’s FIR and a bail
application. The Dharampal,
Rohit, and Kapil judgments
have all been filed. All three
are involved in the same
way. All three bails were
rejected in a single order.
Sir, which is the judgement
order. That will also be
read.
44

Judge Mr. Sandeep Gupta -


Yes,

Amit Jain Advocate - —And


Sir, the paper that we filed
was later changed to 313 in
addition, and in 313
Dharampal himself stated
that if these papers are
correct, then you are
claiming that Sachin
abducted Kuldep from his
home and took him away
before handing him over to
the police. This is what you
wanted in his statement:
that I called him from home
and gave him to the cops,
and that the cops staged a
false encounter so that a
302 complaint could be filed
against them. You wanted
this submission, but they
have not said whether or not
they have witnessed the
encounter. that he was
taken from his home and
45

handed over to police in


order to launch a false
murder charge against them.
He wish to file false murder
case instead of self defense
encounter, he said no
because he didn’t brought so
why should he give this
statement . we did not do
anything. He wanted to file a
bogus murder case instead
of a self-defense encounter,
but he refused because he
hadn't brought anything
with him, so why should he
offer this statement?
Nothing was done by us.

Judge Mr. Sandeep Gupta -


Well, that was the motive for
him that his nephew was
dead. What was the motive
of these two?

Amit Jain Advocate - Sir


these Raju, Kapil,
Dharampal, Rohit.
46

Judge Mr. Sandeep Gupta –


What was the motive of
Katar Singh?

Amit Jain Advocate - There


is only one witness, belong
to the same village, and
among themselves.

Judge Mr. Sandeep Gupta -


No, I am talking about
motive.

Amit Jain Advocate - Sir I'm


referring about Raju, Kapil,
and Kuldeep, who used to
live together. And there were
times when Raju and
Kuldeep would get into
mischief. Raju is currently
facing 18 charges. In
addition, Kuldeep was facing
25 charges. So, whenever
they wanted to do something
mischievous like loot, they
used to get on a bike
together, and Kapil used to
assist him with the heist by
47

supplying information. They


can't go together since it
can present an issue, so
Kapil takes care of this and
the same work they
performed in this. They
informed Raju that
Dharmpal had vanished. We
assumed she was correct
and decided to assist her.
She will, as you have stated.
it now she will be alone and
helpless . even we felt a soft
corner for her. and we
decided to help her out

Judge Sandeep Gupta-

If somebody asks, we have


to see everything. We have
to look out for ourselves
also

Amit Jain Advocate – No No .


No one will inquire, sir. This
case will move to the
Supreme Court because it
48

was broadcast on all


television channels at the
time and will continue to be
broadcast even now, so
there will be no problem.
There is nothing wrong with
taking responsibility. that
anyone is wrong or not
wrong however we accepted
that because of raju rajveeri
we have accepted that he is
missing .Sir he is not
missing ,when you are
saying that he called him
from home and then after
two months he met with
your daughter in
mansurpoor then you got
him acquitted through
collusion . When I am ready
to spend money and you are
not letting me. and kapil
hugs rohit and dharamal
while going from the court
.how it is possible that he is
missing when your hanging
out with your brothers killer
49

Mr. Sandeep Gupta -


Yes……….

Amit Jain Advocate - Sir,


with folded hands, I request
you to give them life
Imprisonment. Tell me if
you want me to give
something else. I will give
no problem.

Mrs. Neeru Aggarwal – No, it


is not about giving me
something else.

Amit Jain Advocate - My


request to you, Sir, is the
same. That day, I was also
telling you that there is
anxiety in my head about my
case.

Judge Shri Sandeep Gupta -


I had said yes to you
without even reading the
evidence. We had only read
the papers.
50

Amit Jain Advocate - The day


I came, I told you that in my
case there one tension in my
mind

Judge Mr. Sandeep Gupta -


We had already read. You
already knew us, so we
thought let's do it .

Amit Jain Advocate - With


folded hands, Sir, I make a
plea to you. the mother who
found out her son had been
shot and the skull had hit
the ceiling and there was
blood all over the place. Sir
mother was admitted to the
hospital and stayed for eight
days. We know sir, and she
is currently seeing Dr. Vinod
Arora, a neuro surgeon in
Meerut.

Judge Mr. Sandeep Gupta –


They have not imposed
anything for TA yet I hope
51

they do not file anything for


T.A

Amit Jain Advocate - No. sir


it is okay I will handle it for
my self

Judge Mr. Sandeep Gupta –


Judgment will be
pronounced on 15th. They
will be put behind the bars.

Amit Jain Advocate – It


makes no difference whether
TA occurs or not; they are
the culprit, and I am the
plaintiff as well as the
advocate. And if my TA isn't
authorised, they're the ones
to blame, sir. Sir, the
accused's TA does not work.

Mrs. Neeru Aggarwal – under


which district judge did you
filed your TA.

Amit Jain Advocate---under


him
52

Mrs. Neeru Aggarwal – under


him??

Amit Jain Advocate – I have


filed before only when
Rajeev sharma was there.
His retirement time was
arrived . so he filled and put
the notices out. And then
his retirement came and his
was on a leave for a while
so I didn’t get a chance to
speak to him and there was
no posting and then
arguments has been done
before him. He read the file
and rejected the T.A . or he
doesn’t any ground for the
rejection of T.A.

Judge Sandeep Gupta –Let


me read more, whatever is
there is factual. I want to
convict all of them.

Amit Jain Advocate- You


convict them all sir, you
53

pass the order accordingly. I


will give whatever you
demand.

Judge Mr. Sandeep Gupta –


That is why we have called
you here today. 15th is
almost here.

Amit Jain Advocate.- Sir it


is like that ,for now it will
be done further will see
And sir the matter is that
for raju’s mother no one will
be there .

Judge Mr. Sandeep Gupta -


No, even the evidence will be
seen,

Amit Jain Advocate – Sir if


anyone is sentenced to
death. Sir, whatever the
evidence is, they are equally
against everyone, if we leave
even one, then our link will
be broken.
54

Judge Mr. Sandeep Gupta --


I'll see and read the rest of
the things.

Amit Jain Advocate – So,


you just let me know
whatever you want, I will
give whatever you demand. I
request you with folded
hands, because if you acquit
one then whole case will be
shattered like pearls. If one
of them is innocent then
you’ll have to acquit all of
them because from the
beginning all of them were
tried together. Already
evidence are not that strong
and if you acquit one of
them then the case will
become weak against rest of
them that one of them have
been acquitted so how the
trial can continue against
rest. So, please do not
acquit anyone.
55

Judge Mr. Sandeep Gupta -


How will I leave anyone like
this? I will write the entire
judgment. I’ll not spare
anyone, I’ll hang them, all
four of them.

Amit Jain Advocate - No no!


you hang them sir. Tell me if
you want something more
from me. I will do whatever
you ask without any
problem.

Judge Mr. Sandeep Gupta - I


will let you know.

Amit Jain Advocate - It's


just that this is my personal
matter sir because sir if it
is any of my client then I
would have explained. That
sir saying like this sir, you
accept it.

Judge Mr. Sandeep Gupta - I


will read the rest .

Amit Jain Advocate - No sir


they have created the
56

Contradiction not us .
Motive is present sir .
Motive is present against
everyone. its not like that
one has a motive and other
does not

Mrs. Neeru Agarwal - How


many pages does it have?
Let me see a little bit at
night.

Amit jain Advocate ... I don't


go out anyplace because
everytime mother remembers
something, her head spins
at 110 mph. If I go and tell
this to mother, she will have
to call the doctor at night
itself . She was laying on
the bed, holding his head.

Judge Mr. Sandeep Gupta - I


am not refusing it . Let me
read it . Two are sure.
Dharampal and rohit is sure
there is weak evidence
against kapil .
57

Mrs. Neeru Aggarwal – tell


us one thing the one who
has Weak evidence how can
we give him a life
imprisonment

Amit Jain Advocate –

The evidence is equally


against everyone, madam.
He was kidnapped on April
24, and the evidence and the
accused have remained the
same to this day. Because of
the Kuldip event, they hold
grudges towards him. You
can view Katar's call log
from the day of the incident,
where he called Sachin. He
had also called him before
the incident. The call date
was discovered through the
letter, and the ssp accepted
the call data as true in the
supreme court.

Judge Shri Sandeep Gupta –


Did Kapil say something?
58

Amit Jain Advocate - Yes Sir


Kapil's statement is also
there in the case diary.

Judge Mr. Sandeep Gupta –

Has he said something in


the file? He had said in BW
file.

Amit Jain Advocate - The


SHO had told the
investigator that there
should be no copy of the
case diary in it. You are
saying this over and over
again. He said this, he said
that is in the case diary.

Judge Mr. Sandeep Gupta -


Now I have started reading
the files. Let me read. If
anything happens, we will
discuss with each other.
Will see, will hang all four
of them.

Amit Jain Advocate – You do


it sir, I will be in debt to
you, you just let me know
59

whatever you want and I will


do it.

Judge Mr. Sandeep Gupta -


Look, if you had approached
me sooner, I would have
hanged all of them by now.

Amit Jain Advocate - Do a


favor sir, you will be in
favor. You will be grateful
for life, don’t worry about
the money.

Judge Mr. Sandeep Gupta -


we can’t say anything about
them what if they imposed
T.A

Amit Jain Advocate - These


are the rules for TA, if there
is no stay then the
proceedings of the court
cannot and will not stop.
Do the case as it is, you tell
me. What more service I
have to do . I will do it sir
let me know
60

Mrs. Neeru Aggarwal – Okay,


let us study the matter and
we will call you day after
tomorrow.

Judge Mr. Sandeep Gupta –

The date of the verdict is


day after tomorrow only

Mrs. Neeru Aggarwal – Day


after Tomorrow is Sunday.

Amit Jain Advocate - Sir,


please tell me. Get it written
down. Please type Katar
Singh's talk, which is in
section 27, in four lines.
Katar Singh had called
repeatedly, and he was still
chatting in the police
station. In the Supreme
Court, the SSP stated that
he had discussed this
number with Katar Singh.
Assume he was a witness, as
his counsel claimed, and
that he should be called as
a government witness. He
61

was neither made a


government witness nor did
he provided anything.

Judge Shri Sandeep Gupta -


You are telling so many
things.

Amit Jain Advocate - That is


what he was saying , that he
was out. I am saying that
Katar Singh was the
witness. His lawyer said
that he was a witness. Are
you saying somewhere that
he was a witness? You are
just saying in the argument
that he was a witness and if
someone wants to become a
government witness, then
the lawyer can’t make him
.He should Give Affidavit .
Neither the court will refuse
nor the police will refuse!
Till today I have never said
that I want to become a
government witness. Where
has never been made and
62

the police are saying that


they are absconding and
themselves talking on the
phone to the SHO. SHO was
summoned to the Supreme
Court. The SHO has said in
the Supreme Court that I
was told that this number
belongs to Katar Singh. Talk
to him I spoke to Katar
Singh's number for the
statement.

Judge Mr. Sandeep Gupta -


Come on. Shoot it. Now you
tell me that . How to write
Kapil?

Amit Jain Advocate – the


motive of kapil is the motive
of everyone If a man is
committing a crime.

Judge Mr. Sandeep Gupta -


How it is the same? One had
a nephew.

Amit Jain Advocate – Whose


sir ?
63

Judge Mr. Sandeep Gupta –


in the Kuldeep encounter.
Motives is a different thing.
These are the
Circumstances. I will read
all the things . I.O Has also
proved it . these three are
done . I will see for him also

Amit Jain Advocate - Don't


look it in sir just do it

Judge Mr. Sandeep Gupta -


Will write that the dead
body is recovered

Amit Jain Advocate - yes sir


he stated that he can
recover the dead body he
can also show the place this
is a big thing sir even raju
had the motive

Judge Mr. Sandeep Gupta –


Raju is not there now .

Amit Jain Advocate -


Because Dharampal, Rohit
Kapil and Raju are residents
of Fahimpur village.
64

Judge Mr. Sandeep Gupta –

It makes no difference if
they are from the same
place.

Amit Jain Advocate - They


are from Fahimpur, Sir.
Kuldeep, too, was from
Fahimpur. They call each
other tau-uncle. These four
people are village relatives.
Four Kapil, Dharampal, and
Rohit Raju These four are
related to one another.
Rajveeri has now stated that
she does not know Rohit. He
is from Dharampal's village,
and Rajveeri was the one
who has filed the
case against Dharampal
Rohit and now she claims
she doesn't know them.

Judge Mr. Sandeep Gupta - I


will try to hang all four of
them . Let me read it

Amit Jain Advocate


65

:- Read or don't read, sir. If


you do my work, you will get
favour. I'll see what happens
in the High Court. in the
high court only bail
can be granted in four or
five months.

Judge Mr. Sandeep Gupta-

It’s not necessary that they


will get the bail . I will make
a strong case .

Amit Jain Advocate . –

get the bail Anyway, they


are outside since 2004.
You do it sir I have no
problem. I will do whatever
you say.

Judge Mr. Sandeep Gupta -


Okay but will read first.

Amit Jain Advocate - fine


sir , you read it .

Mrs. Neeru Aggarwal - Life


imprisonment of four people
is a big thing.
66

Judge Mr. Sandeep Gupta – I


will try, you do not worry.
Dharmpal and Rohit both
are ready to pay me 6-7
Lakh, they also approached
me, I just don’t meet
anyone.

Mrs. Neeru Agarwal –


Whatever, we have made up
in our mind, we will do it
accordingly.

Judge Mr. Sandeep Gupta --


We have already said yes to
you.

Amit Jain Advocate - Look,


sir, if one person gives this
amount and another person
gives another amount, if we
see this, no work can be
done.

Judge Mr. Sandeep Gupta -


No it is not like that, I do
not meet anyone like this .
67

Mrs. Neeru Agarwal - You


are the first person visit
to our house like this

Amit Jain Advocate – sir, I


don't need to ask any
questions, the criminal is
committing the crime
, making money in
unethical methods, and
money obtained in unethical
ways is never profitable. I
told you should impose
a fine 5 lakh rupees on
them . I don't even require
five rupees out of that. You
keep it, sir. I don't require
anything.

Mrs. Neeru Aggarwal – they


also said to call them after
you come back from walking.
I said we will see on
Saturday-Sunday.

Judge Shri Sandeep Gupta –


Do not tell this to anyone. I
68

will try to hang all four of


them.

Amit Jain Advocate -I'm not


going to tell anyone, but the
sentence given by Sumit
Panwar in that case, has the
same lawyer as Dharampal.
The lawyer was Rajeev Garg.
He was also the accused's
lawyer at the time, and they
provided 12 witnesses, two
of whom have been in prison
for the past eight years and
no one has been released.
The defendants paid the
lawyer to get them
acquitted, but when the
punishment was handed
down, they abused the
lawyer. Even the money has
not been returned by the
lawyer. So, sir, do my work
as you promised earlier

.
69

Mrs. Neeru Aggarwal - See,


Conviction is bound to
happen.

Amit Jain Advocate – no one


is innocent in this madam

Judge Shri Sandeep Gupta –

He is also the highest


Conviction Judge of
Muzaffarnagar in the High
Court.

Amit Jain Advocate - This is


a good thing sir. After the
TA was rejected. the letter
has been sent to you

Judge Mr. Sandeep Gupta -


Well, I am telling you this
from day one.

Amit Jain Advocate –

The letter stated that the TA


had been rejected on that
date, but that we still
needed it to transfer under
you.
70

Judge Mr. Sandeep Gupta ---


You transferred because you
know that in my court, an
85 percent conviction is
guaranteed.

Amit Jain Advocate – Sir I


never asked anyone to say
anything, and even I never
said anything.

Mrs. Neeru Agwal --- how is


he the relative to you ? He
was the district judge of
Agra before

Amit Jain Advocate – Yes he


was the District Judge in
Agra before now he is the
district judge of
Saharanpur.

Judge Mr. Sandeep Gupta –


he was the District Judge of
Meerut also for some time

Amit Jain Advocate - No, not


Meerut. For Muzaffarnagar
he was
71

Judge Shri Sandeep Gupta --


No, No, he has been a
Meerut District Judge.

Amit Jain Advocate – he was


the District Judge of
Meerut for a while . After
that he went to Gonda and
after then to Agra. he will
now retire in 2022. What
exactly was that , his
brother Bharatesh Jain was
an Income Tax lawyer, but
he had passed away

Mrs. Neeru Aggarwal - Yes, I


know. It's a matter of 2019.
When you came and after
some time he was promoted,
to a high court judge but he
didn’t want it , so he was
made a district judge

Amit Jain Advocate - When I


went to the High Court, sir
couldn’t meet me.

Judge Shri Sandeep Gupta –


72

Chief justice is also our


relative, he is the relative of
one of our known person. we
even talk sometimes

Amit Jain Advocate - Yes, he


is your neighbor. That is
good. Sir, just get my work
done.

Judge Mr. Sandeep Gupta –


Dharampal and Rohit are
also offering 7-8 lakhs and
other two accused are also
trying to meet me.

Amit Jain Advocate - Sir, I


am saying that suppose
some person says that I will
give one crore rupees, acquit
everyone.

Judge Shri Sandeep Gupta -


We never meet anyone like
this. I am just reading the
facts of the case. We have
already said yes to you that
mean it will always remain
yes.
73

Mrs. Neeru Aggarwal - Look


this case came from a high
court and we know how
tough this case is .

Judge Mr. Sandeep Gupta --


The case in which I have
given life Imprisonment .
There was no plaintiff in
it.

Amit Jain Advocate - So sir


you do it.

Mrs. Neeru Aggarwal - So you


want all four of them in LI.

Amit Jain Advocate - Madam


This was the initial
conversation between sir
and me .

Mrs. Neeru Agarwal - That


we know

Amit Jain Advocate - Nobody


is wrong here. Even one of
us has been made a fool of.
that he was the one who did
it or saved him. Kapil hangs
74

around with them as well.


Even I said this to kapil .
Sir you do this work for me.
I will remain in favor of you
for the rest of my life.

Judge Mr. Sandeep Gupta -


we are already doing the
work

Amit Jain Advocate - Sir,


please. Consider neither how
it will occur nor how it will
not occur. Alright sir.

Judge Mr. Sandeep Gupta -


It's been a long time.

Amit Jain Advocate - Yes. So


you do it sir, tell me. Sir
you are like my elder
brother. The money of a good
man blesses the house, but
the money of a wicked man
does not. The doctor will
say, "Either submit 15 lakhs
or the individual will die,,
You do my work. Whatever
you say and I will give it.
75
ANNEXURE P-3 76

CALL RECORDING BETWEEN


MR. AMIT JAIN ADVOCATE
AND Mrs. NEERU AGGARWAL
W/O ADJ MR. SANDEEP
GUPTA

(FROM 7017273644 TO
8968231511)

DATE -12.03.2022

TIMING-12.07PM

CALL DURATION- 16.53


MINUTES

Amit Jain Advocate - Hello.

Mrs. Neeru Agarwal - Hello.


Yes, Yes.

Amit Jain Advocate - Hello


Madam!

Mrs. Neeru Aggarwal - Yes,


hello.

Amit Jain Advocate – sir is


at home or in the court?
77

Mrs. Neeru Aggarwal - No, I


am at home. but sir, is at
the court, today is Lok
Adalat.

Amit Jain Advocate – okay

Mrs. Neeru Aggarwal - Yes.

Amit Jain Advocate - may i


come for a while ?

Mrs. Neeru Agarwal - What


work do you have at home?

Amit Jain Advocate –


Nothing just to talk about
my case. What happened last
night, he must have checked
it at night.

Mrs. Neeru Agarwal – peon


has come to a house.

Amit Jain Advocate – okay,


he will be gone in a while.

Mrs. Neeru Agarwal – when


he will go , I will call you.

Amit Jain Advocate – okay


78

Mrs. Neeru Aggarwal – many


people are standing outside
even the ladies are present
in the compound.

Amit Jain Advocate – okay


okay

Mrs. Neeru Aggarwal - Yes,


I'll tell you later, okay.

Amit Jain Advocate – have


you discussed anything last
night ?

Mrs. Neeru Aggarwal - Yes

Amit jain Advocate – Have


you discussed about
anything at night?

Mrs. Neeru Aggarwal - Yes,


we had

Amit jain Advocate- please


do the work madam , this is
my personal work anyway .

Mrs. Neeru Aggarwal -yes


yes , it is personal, but we
are seeing as much as we
79

can, Anyway, Conviction will


be done

Amit Jain Advocate --- Yes,


yes.

Mrs. Neeru Aggarwal –


He's saying that how can
he give someone more
punishment than they
deserve.

Amit Jain Advocate – no, he


is saying this about kapil,.
That he doesn’t deserve this

Mrs. Neeru Agarwal - Yes.

Amit Jain Advocate – if you


see, the motive of all 4
accused was same as Kapil.

Mrs. Neeru Aggarwal- there


should be some evidence not
only motive. Motive alone
cannot work. I am a common
man if somebody says to me
that another have a motive
to kill me, that person will
80

not kill me without any


motive.

Amit Jain Advocate --- No, it


is not like that, we have
equal evidence against all.

Mrs. Neeru Aggarwal – Don’t


talk about this on a call.

Amit Jain Advocate - Yes,


yes, don’t worry about this.
We are a family now

Mrs. Neeru Aggarwal – hm .

Amit Jain Advocate – My


only request from you is you
should ask him to do it.

Mrs. Neeru Aggarwal – See,


he is doing as much as
possible, he has already
given Life Imprisonment to 2
of them in fact after you
asked him, he agreed for
kartar singh, for 10 years,
he is saying minimum 10
years can be given to kartar
81

singh . I will give 10 years


to kartar singh.

Amit Jain Advocate - hm.

Mrs. Neeru Aggarwal – Then


after your request he agreed
for him as well

Amit Jain Advocate – For


whom?

Mrs. Neeru Aggarwal -


Kartar Singh's.

Amit Jain Advocate - Yes.

Mrs. Neeru Aggarwal – Yes,


he agreed for Life
Imprisonment of Kartar
Singh also.

Amit Jain Advocate – hm.

Mrs. Neeru Aggarwal - When


it comes to Kapil, he
believes that punishing an
innocent person is
committing a sin against
oneself.
82

Amit jain Advocate -No


madam he is not an innocent
person, if you want I can
make you meet my mother
and then you will get to
know that he is not innocent
. we never made a complaint
against the innocents. It has
been 20 years now .

Mrs. Neeru Aggarwal ---

Okay, I'll make a phone call


to him. He is currently in
the office..

Amit Jain Advocate - Yes,


you do it, there is no
problem, but please do it . it
is about my family

Mrs. Neeru Aggarwal - Look,


we know it is the family
matter that is why we are
doing it, otherwise you know
anything can happen in a
judgement

Amit Jain Advocate - No no.


83

Mrs. Neeru Aggarwal - Is it


not ?

Amit Jain Advocate - It's


like that, madam.

Mrs. Neeru Aggarwal - see


we are accepting your every
request but even our
conscience does not allow to
give punishment to an
innocent person.

Amit jain Advocate - No no


its not like that . he even
accepted in the video that
they have killed him .

Mrs. Neeru Agarwal - Where


are the videos?

Amit Jain Advocate.-

Videos are there in the


pendrive In the court ,
chotelal has not opened it

Mrs. Neeru Aggarwal l..

You should provide the


evidence tomorrow because
84

day after tomorrow is a


judgement date .

Amit Jain Advocate - No, no.

Mrs. Neeru Aggarwal – if you


show the video then kapil
can be convicted

Amit jain Advocate – we have


submitted the video in the
pendrive file .

Mrs. Neeru Agarwal - Yes.

Amit Jain Advocate - Then


we have gave an application
that video has been
submitted in the pendrive
file and court has sealed it .

Mrs. Neeru Agarwal - Yes.

Amit Jain Advocate - Open it


and run it.

Mrs. Neeru Agarwal - Yes.

Amit Jain Advocate - Yes,


but now Chhote Lal has
rejected our application.
85

Mrs. Neeru Aggarwal - okay!

Amit Jain Advocate – that


pendrive contains the video
of the accused

Mrs. Neeru Agarwal - Where


is the pen drive ?.

Amit Jain Advocate – in


court only.

Mrs. Neeru Aggarwal - Now


in our court.

Amit Jain Advocate - Yes, it


came from there to your
Court, but it has not been
opened , it can only be
opened through the
Application but the
Application got rejected

Mrs. Neeru Agarwal - okay.

Amit Jain Advocate - On


that pen drive, he has also
cross-examined his sign,
what is the name, with us.

Mrs. Neeru Aggarwal…okay .


86

Amit Jain Advocate - after


cross-examination and only
on the orders of the court, it
was sealed.

Mrs. Neeru Aggarwal - And


then when the argument was
taking place. why didn’t
you said that put the
pendrive and see .

Amit Jain Advocate – no,


when file came in the court
of sir’s office.

Mrs. Neeru Aggarwal --- Yes.

Amit Jain Advocate - we


already had given an
application to chotelal
asking to play the pendrive.

Mrs. Neeru Aggarwal - Okay.

Amit Jain Advocate - So they


rejected that.

Mrs. Neeru Aggarwal - Then


you could have put the
application here.
87

Amit Jain Advocate – if the


application is rejected once
it is then not maintainable

Mrs. Neeru Aggarwal - Okay.

Amit Jain Advocate – Yes,


since if it were permitted, it
would have been wrong .

Mrs. Neeru Agarwal .... Yes


Yes Yes

Amit Jain Advocate – yes , it


has the whole thing , I will
narrate this to kapil too.

Mrs. Neeru Aggarwal – okay.

Amit Jain Advocate – yes,


there is no problem and I am
standing to fight with this
all. sir will not be blamed in
any way . I will be
responsible for everything

Mrs. Neeru Aggarwal -okay!


let me talk to him.

Amit Jain Advocate - The


point is this if anyone of
88

them Is acquitted then it


will make our case weak
because the evidence is
same against all.

Mrs. Neeru Aggarwal - No,


the case will not become
weak, he was actually
thinking that how will he
pass the judgment in a way
that sentence of those three
will not be reduced.

Amit Jain Advocate... Yes.

Mrs. Neeru Aggarwal – he


said that he will give a
judgment in such a way that
bail won’t be allowed.

Amit Jain Advocate -


Actually, the point is kapil
is present in the last scene
as well as in our FIR, Kapil
is there (Statement of P-W-1
Papa)

Mrs. Neeru Aggarwal - okay.


89

Amit Jain Advocate - Kapil


is there in that too.

Mrs. Neeru Agarwal – hm .

Amit Jain Advocate - Kapil


is also there in my
statement.

Mrs. Neeru Aggarwal --- OK.

Amit Jain Advocate - Yes,


even in I.O statement kapil
is there.

Mrs. Neeru Agarwal – okay

Amit Jain Advocate - Kapil


is also inside the case diary.

Mrs. Neeru Aggarwal - Okay.

Amit Jain Advocate –

Kapil is everywhere; he
plays such enormous
politics that he made my
brother abducted through
Dharmpal and
Rohit. Thinking that
90

now my brother has passed


away, I shall be with them.

Mrs. Neeru Agarwal - Yes


yes.

Amit Jain Advocate -- Is it


not?

Mrs. Neeru Aggarwal - Yes,


yes.

Amit Jain Advocate --- We


have also registered FIR
against him .

Mrs. Neeru Agarwal – okay.

Amit Jain Advocate - got the


charge sheet filed against. If
we Oppose that he is an
absconding accused in our
case.

Mrs. Neeru Aggarwal – hm.

Amit Jain is Advocate -- and


the main accused.

Mrs. Neeru Aggarwal --- hm.


91

Amit Jain Advocate - So his


FIR should have been
registered. If there is a case
of kidnapping against
someone, there is a case of
murder, he started saying
that if he disappeared, then
no one would have filed a
report in it.

Mrs. Neeru Aggarwal - Yes.

Amit Jain Advocate - We


lodged that after trusting.

Mrs. Neeru Aggarwal - hm.

Amit Jain Advocate --


Chargesheet was filed.

Mrs. Neeru Agarwal - hm.

Amit Jain Advocate ---


(Illegible)

Mrs. Neeru Aggarwal ---


What do you want me to do,
should I put a little
pressure on him?
92

Amit jain Advocate... Yes,


you please do. You will do
us a favour. This is our
personal conversation.

Mrs. Neeru Aggarwal – yes


that is fine

Amit Jain advocate ...


because. You have the main
role, if you say it sir, then
he will understand

Mrs. Neeru Aggarwal - No,


you are right.

Amit Jain Advocate - After


the judgement, I will fight
for everything, the writ has
been filed in the Supreme
Court. Nothing will come on
sir, when I first came I had
already told everything to
sir about the admissions
chargesheet you sir said no
issues , punishment can be
given on case diary as well.
He has given the
punishment in the case
93

diary as well . every witness


was hostile , he has given
the life imprisonment just
on the basis of case diary .
sir has given the four life
imprisonments this will be
five of yours

Mrs. Neeru Aggarwal – hm .

Amit Jain Advocate – fine


sir

Mrs. Neeru Aggarwal – hm

Amit Jain Advocate - I did


not refuse a single thing you
asked for, and agreed to
everything you said

Mrs. Neeru Aggarwal – hm

Amit Jain Advocate - I am


ready to give now as well.
Just asking to do my work

Mrs. Neeru Aggarwal - No ,


it’s not a favour , he has
left the file with me, let me
go through it once more
94

Amit Jain Advocate - That's


why I am saying you can call
me and I will come and
explain it to you once

Mrs. Neeru Aggarwal - I am


not sure, everybody is
present in the compound at
the day time

Amit Jain Advocate - It is


so.

Mrs. Neeru Aggarwal -


workers of Chhote Lal ji ,
Madam's as well as Babu
Ram ji's is going on here

Amit Jain Advocate -


Baburam ji and Chhote Lal
ji will be in court.

Mrs. Neeru Aggarwal -yes he


is in court , but his wife is
standing outside.

Amit Jain Advocate- okay .


95

Mrs. Neeru Aggarwal – she


looks everybody who comes
and goes

Amit Jain Advocate - Look


whole family is there , there
will always be somebody

Mrs. Neeru Aggarwal - No,


everybody knows , no one
comes here .

Amit Jain Advocate – what if


there is any relative?

Mrs. Neeru Aggarwal -In this


compound, our house is the
only one where no one
comes.

Amit Jain Advocate - hm!

Mrs. Neeru Aggarwal – all


our relative is from
Chandigarh and no one
comes from Chandigarh to
meet us

Amit Jain Advocate – hm.


96

Mrs. Neeru Agarwal - Not a


single person.

Amit Jain Advocate - hm.

Mrs. Neeru Aggarwal – No


one come to our home, he
has created his image like
that, we live in private. No
on has come to our home
since last one year.

Amit Jain Advocate - what It


is madam.

Amit Jain Advocate –

If this case belonged to any


client, I would have
explained him but it’s my
personal matter madam .

Mrs. Neeru Aggarwal - Yes,


its your personal matter
that why he met you and
had a talk with you

Amit Jain Advocate - Yes.


97

Mrs. Neeru Aggarwal - He


couldn't possibly have let
you in.

Amit Jain Advocate - Hello,


hello.

Mrs. Neeru Agarwal - I will


try my best. And I will talk
to you in the evening about
this.

Amit Jain Advocate - Okay!


ok ok ok

Mrs. Neeru Aggarwal - If it


is Convenient, then you can
also come

Amit Jain Advocate – Yes,


Yes.

Mrs. Neeru Agarwal - I will


tell you.

Amit Jain Advocate - All


right!

Mrs. Neeru Agarwal -


Because.
98

Amit Jain Advocate -- Hello.

Mrs. Neeru Aggarwal – as


you are not known ,things
will spread quickly even in
chotelal house , Mishra is
coming or raja is coming
every now and then

Amit Jain Advocate – no


issues I will meet you
outside

Mrs. Neeru Aggarwal - No, I


don't go outside from the
compound.

Amit Jain Advocate – you go


to markets ?

Mrs. Neeru Aggarwal - No I


don't go, I always go with
him

Amit Jain Advocate – okay

Mrs. Neeru Aggarwal – since


we have come here neither I
nor him have gone alone .he
99

just go to a club house


alone for a walk

Amit Jain Advocate - hm, hm

Mrs. Neeru Aggarwal – we go


together everywhere.

Amit Jain Advocate... No no


it is a good thing.

Mrs. Neeru Aggarwal – If


there is a function or party,
we attend together only.

Amit Jain Advocate - Kapil


is such a bastard he does a
work for him as a contractor

Mrs. Neeru Amwal - Of what.

Amit Jain Advocate - So


these water tanks are made,

Mrs. Neeru Aggarwal - Oh


yes!

Amit Jain Advocate - Water


tanks are made.

Mrs. Neeru Aggarwal - Yes,


yes, yes.
100

Amit Jain Advocate - Big


tanks

Mrs. Neeru Aggarwal - Yes,


yes.

Amit Jain Advocate - He


does this work.

Mrs. Neeru Aggarwal - Okay.

Amit Jain Advocate - nagar


nigam adhikaris gives the
contract

Mrs. Neeru Agarwal - hm.


hm.

Amit Jain Advocate – made


a video while taking money

Mrs. Neeru Aggarwal - hm,


hm.

Amit Jain Advocate - Then


he blackmailed!

Mrs. Neeru Aggarwal - Okay.

Amit Jain Advocate – from


there one person approached
me and asked that my case
101

is going against him then he


request me to pull out some
paper, I said no, it is your
matter you pull out papers
yourself.

Mrs. Neeru Aggarwal – okay

Mr.Amit Jain Advocate – I


asked if is that your matter?

Mrs. Neeru Aggarwal - Tell


Kuldeep Bhaiya to collect all
the utensils and put them in
the kitchen. Tell him to do
this soon

Amit Jain Advocate - Yes.


Mrs. Neeru Aggarwal - All
right.

Amit Jain Advocate - So you


do it.

Mrs. Neeru Aggarwal – okay


I will talk to him, he is in
the office
102

Amit Jain Advocate – don’t


talk about our personal
conversation with the sir.

Mrs. Neeru Agarwal – Yes.

Amit jain Advocate - Will


you tell him that I called
you?

Mrs. Neeru Aggarwal - If I


tell him this, then he will be
annoyed

Amit Jain Advocate - Yes,


that is what I am saying.

Mrs. Neeru Aggarwal – he


will also get annoyed by you
for pressuring him.

Abhit Jain Advocate - No, it


is not like that. This is our
conversation that’s why I am
saying like that.

Mrs. Neeru Aggarwal - No, I


will ask whether the
judgment has been typed
103

Amit Jain Advocate - Yes,


yes.

Mrs. Neeru Aggarwal – I will


ask this

Amit Jain Advocate – Yes,


Yes.

Mrs. Neeru Agarwal – I will


ask him generally about
what is he doing

Amit Jain Advocate - Yes,

Mrs. Neeru Aggarwal -


Alright, now it is in their
hands to tell or not to tell.

Amit Jain Advocate – hm hm

Mrs. Neeru Aggarwal -- I can


only talk to him.

Amit Jain Advocate – hm .

Mrs. Neeru Aggarwal -


Because he was discussing
with me in the morning also.
Now I will read the file once
104

again, see I will be honest


with you

Amit Jain Advocate – Yes,


Yes.

Mrs. Neeru Aggarwal – He


was not agreed for Kartar
Singh, he wanted him to go
for 10 years but after you
asked that night, he agreed
for full conviction of kartar
Singh.

Amit Jain Advocate - No for


Kartar Singh, I have told
him already.

Mrs. Neeru Aggarwal – we


had made our mind for three
convictions but for kapil we
will discuss today

Amit jain Advocate -- Yes,


Yes.

Mrs. Neeru Aggarwal – he


don’t have this much time
for a case
105

Amit Jain Advocate - Yes,


Sir.

Mrs. Neeru Aggarwal - As


soon as he comes he goes to
a club then for walk .then
the dinner etc..

Amit Jain Advocate - Yes,


Yes.

Mrs. Neeru Aggarwal – He is


still very tired , but he has
a habit of brushing and
cleansing his teeth before
going to bed.

Amit Jain Advocate - No, it


is a good thing.

Mrs. Neeru Agarwal - Goes


to sleep every night at 1
o'clock.

Amit Jain Advocate - No no


it is a good thing even I
don’t sleep without brushing

Mrs. Neeru Aggarwal – and


then again In the morning
106

they start getting ready at


7:30, 8:30, 8:00.

Amit Jain Advocate – hm


hmm.

Mrs. Neeru Agarwal - We


don't get enough sleep, and
we're exhausted. Today is
Lok Adalat, and I'm hoping
he arrives early so we can
talk.

Amit Jain Advocate - yes

Mrs. Neeru Aggarwal - In the


evening, we will sit together
and discus

Amit Jain Advocate – no you


can say that it is a personal
matter even the evidences
are there

Mrs. Neeru Aggarwal – we


are doing this much because
it your personal matter .

Amit jain Advocate - No, not


at all.
107

Mrs. Neeru Agarwal – look


we are doing more then we
could do .

Amit Jain Advocate - Yes,


Yes.

Mrs. Neeru Aggarwal – He is


not influenced by anyone,
not even his parents.

Amit Jain Advocate - No, it


is just a little I am only
asking about the kapil .
those three are done . we
have all the evidences
against the kapil , his name
is mentioned in the FIR,
papa has also given a
statement against him

Mrs. Neeru Aggarwal -


Rather he told me at night
that we picked up the book
and read it

Amit Jain Advocate - hm hm.


108

Mrs. Neeru Aggarwal – we


will see it again if you say
so

Amit Jain Advocate - ok


ma'am

Mrs. Neeru Aggarwal – let’s


see if the video opens. He is
also calling.

Amit Jain Advocate - It's


okay, Madam.
ANNEXURE P-4 109

CALL RECORDING BETWEEN


MR. AMIT JAIN ADVOCATE
AND Mrs. NEERU AGGARWAL
WO ADI MR. SANDEEP
GUPTA

(FROM 8968231511 TO
7017273644)

DATE -13.03.2022

TIMING-12.57PM

CALL DURATION-5.28
MINUTES

Amit Jain Advocate -- Hello


madam.

Mrs. Neeru Aggarwal --- Yes,


hello. You sent someone
home.

Amit Jain Advocate - Yes, I


have sent it. Let me know if
I can come

Mrs. Neeru Aggarwal - I have


told you that he won’t be
110

there as we have children


examination. I did not go.

Amit Jain Advocate, --- Well,


good, good.

Mrs. Neeru Aggarwal- You


see, how much pressure I
am in. they have come to my
house. I have to lock the
door from outside

Amit Jain Advocate - Who,


who reached your home?

Mrs. Neeru Aggarwal - There


are two people from the side
of the accused, those people
have come to my house and
rang the bell again and
again.

Amit Jain Advocate – okay .

Mrs. Neeru Aggarwal - Yes, I


have got a lock from outside
the house.

Amit Jain Advocate - Who


had come?
111

Mrs. Neeru Aggarwal ---

I don’t know who came

Amit Jain Advocate - No,


when did they come
yesterday

Mrs. Neeru Aggarwal – they


came yesterday as well as
today in the morning

Amit Jain Advocate – okay.

Mrs. Neeru Aggarwal - Yes, I


have got the lock installed
outside the house, as sir is
not there, please don’t
disturb me

Amit Jain Advocate – No, I


am not disturbing you .

Mrs. Neeru Agarwal - I am


afraid. I have even told the
guards that he should not
allow anyone to come here.

Amit Jain Advocate - Okay,


112

Mrs. Neeru Aggarwal - I am


seriously scared.

Amit Jain Advocate - No,


there is nothing to be afraid
of.

Mrs. Neeru Aggarwal - No


look my children are small, I
am very scared, at this time
they are roaming around
here and there

Amit Jain Advocate – who all


were there

Mrs. Neeru Aggarwal – gents


.

Amit Jain Advocate – ok

Mrs. Neeru Aggarwal - they


Were gents.

Amit Jain Advocate --- okay


.

Mrs. Neeru Aggarwal - Yes, I


have got a lock installed
outside my house.
113

Amit Jain Advocate - No how


can the gents(accused side )
come like this .

Mrs. Neeru Aggarwal - I


don't know, I put the lock
outside my house.

Amit Jain Advocate - Okay,


good.

Srinti Neeru Aggarwal - Yes,


please don't disturb me from
today. Until he comes.

Amit Jain Advocate - No no,


I am not disturbing that’s
why I didn’t come, and I
have send somebody else

Mrs. Neeru Aggarwal - I have


told the guard specially to
lock the door from outside

Amit Jain Advocate - Good.

Mrs. Neeru Aggarwal - Yes


that no one should come
here.
114

Amit Jain Advocate - No, no


no no, if you have any
problem then you can call
me.

Mrs. Neeru Aggarwal -he


rang the bell and told me
that he want to meet the sir

Amit Jain Advocate - Yes.

Mrs. Neeru Aggarwal - You


know that he is going

Amit Jain Advocate - Yes,


yes.

Mrs. Neeru Aggarwal - if he


is going at night how will he
be there in the morning .
this is a genuine thing

Amit Jain Advocate - No no,


I thought that the program
of going to Ami has been
canceled.

Mrs. Neeru Aggarwal - No


the program is not cancelled
he is there only . papa is
115

not well .he will come in


the morning

Amit Jain Advocate – don’t


worry if sir is not there,
there is no problem, if you
have any problem, give me a
call. I can be present even
at midnight.

Mrs. Neeru Agarwal - Yes.

Amit Jain Advocate - So


there is no problem.

Mrs. Neeru Aggarwal - And


please don't send anyone
from your side to ring the
bell

Because I had to see that


who rang the bell, I even
scolded the guard

Amit Jain Advocate - Yes.

Mrs. Neeru Agarwal - it is


locked outside.

Amit Jain Advocate – Hmm.


116

Mrs. Neeru Aggarwal - I have


already told him in the
morning that no one should
come to my house

Amit Jain Advocate - Yes ,No


No No problem. You have the
number, if you have any
problem, give me a call. I
will be there

Mrs. Neeru Aggarwal - Okay


yes, yes it is fine.

Amit Jain Advocate --- yes ,


if you need anything let me
know, will be there

Mrs. Neeru Aggarwal --- All


right.

Amit Jain Advocate – how


can anybody reach like this
at judge residence. Even we
are also fighting a case

Mrs. Neeru Aggarwal - I feel


that no one comes to my
house due to these things.
117

Amit Jain Advocate – I don’t


understand how can
somebody come like this.

Mrs. Neeru Aggarwal – ask


them whose life can be
taken by hanging .

Amit Jain Advocate - Oh no


ma'am, Sumit Gawor
sentenced seven people to
death and sentenced them to
life imprisonment.

Mrs. Neeru Aggarwal -

may be they wanted to


approach him

Amit Jain Advocate -


Everyday, someone is
punished they don’t get to a
judge residence like this

Mrs. Neeru Aggarwal – may


be they wanted to approach
him , how do I know who
are the lawyers or who are
the criminals
118

Amit Jain Advocate --- Yes.


Mrs. Neeru Aggarwal – how
will I know ?

Amit Jain Advocate – yes yes


, did they said that they
came in relation to a
dharampal’s case

Mrs. Neeru Aggarwal --- No,


they didn't say anything like
that, they just said that
they want to meet Gupta ji,
now I know you, but I don't
recognize anyone else.

Amit Jain Advocate - Yes,


yes.

Mrs. Neeru Aggarwal - So I


said that he is out of
station.

Amit Jain Advocate - Well,


okay okay . No, there is no
problem, you tell me, give
me a call. Don't be worried.
Sir, whenever he comes,
tomorrow night, if you need
119

any goods, then I will send


it in the hands of any boy.
There is no problem in that
.

Mrs. Neeru Aggarwal - No,


no, no, there is no need for
any stuff . I just don't want
any disturbance at home, I
won't let anyone open the
gate until he comes.

Amit Jain Advocate - No, no.


There is no need to open the
lock, no one should come.

Mrs. Neeru Aggarwal - Even


when I was living in the
Judicial Compound, I have
kept my house locked.

Amit Jain Advocate - No,


nobody can come. If you
don’t get afraid

Mrs. Neeru Aggarwal - All


right.

Amit Jain Advocate - There


is no problem, there is no
120

problem, no one can come


like this

Mrs. Neeru Aggarwal - All


right.

Amit Jain Advocate - I think


the program got cancelled.

Mrs. Neeru Aggarwal - Her


father's heart rate was
abnormally low, and he grew
cold.

Amit Jain Advocate --- okay


.

Mrs. Neeru Aggarwal - Yes,


he went immediately.

Amit Jain Advocate - Well,


good, good. Must have
reached in the night at 2-3
o'clock.

Mrs. Neeru Aggarwal - Yes,


left from here at 9 o'clock.
He reached there at 1
o'clock.

Amit Jain Advocate -- Hmm.


121

Mrs. Neeru Aggarwal - Yes it


is fine, brother.

Amit Jain Advocate - All


right.
ANNEXURE P-5 122

CALL RECORDING BETWEEN


MR. AMIT JAIN ADVOCATE
AND Mrs. NEERU AGGARWAL
W/O ADJ MR. SANDEEP
GUPTA

(FROM 7217273644 TO
8968231511)

DATE -13.03.20022 TIMING-


14.23 PM

CALL DURATION- 17.58


MINUTES

Mrs. Neeru Agarwal - Hello.

Amit Jain Advocate - Hello


Hello Madam

Mrs. Neeru Aggarwal - Yes,


hello.

Amit Jain Advocate – have I


disturbed you?

Mrs. Neeru Aggarwal - Yes.

Amit Jain Advocate - Yes, I


was asking whether you had
a talk with sahib last night
123

Mrs. Neeru Aggarwal - No, it


was only around 5.30 pm, he
had come from the office, he
had a cup of tea, then the
call came from his home, so
. No matter what happened,
at this time I would not like
to ask such a thing from
him.

Amit Jain Advocate - Yes,


you are right.

Mrs. Neeru Aggarwal - Yes, I


haven’t talked to him about
this, but we had a
conversation over a call
where he told me that he
was working on this

Amit Jain Advocate - Well,


good, good. Means you will
do it in on 15th , will you
not?

Mrs. Neeru Aggarwal - Look,


I can say 100% from my side
124

Amit Jain Advocate - Yes,


yes.

Mrs. Neeru Aggarwal ---


Because whether they leave
tonight or tomorrow, they
will reach early morning at
5 o'clock, they have to come
tomorrow.

Amit Jain Advocate -


Yes..the new road has been
constructed, it will only
take him half an hour to
reach

Mrs. Neeru Aggarwal --- Yes,


yes. We will also reach in 3
hours.

Amit Jain Advocate - Yes it


is a very nice road , it has
become very good.

Mrs. Neeru Aggarwal - Yes,


yes.

Amit Jain Advocate - Rather


I went to Dehradun one day.
Reached Dehradun in one
125

and a half hours from


Muzaffarnagar.

Mrs. Neeru Aggarwal - Yes,


sir.

Amit Jain Advocate - Great


road.

Mrs. Neeru Aggarwal - Yes,


yes.

Amit Jain Advocate - Means


look at how far Agra is !

Mrs. Neeru Aggarwal - No,


we are like this, they go
from Dehradun-Roorkee
Highway.

Amit Jain Advocate - Yes


very nice road.

Mrs. Neeru Aggarwal - Yes,


all are total highways, it
takes us half an hour to
reach reach home from
Panchkula

Amit Jain Advocate - Yes,


that is why Modi government
126

has made such a good


highway.

Mrs. Neeru Aggarwal - Yes.

Amit Jain Advocate - The


journey of the car has
become like the journey of a
train.

Mrs. Neeru Aggarwal – Yes


before also we come early
morning, if everything goes
well , he will come at night

Amit Jain Advocate – if we


come at night we can sleep
comfortably

Mrs. Neeru Aggarwal - No,


there is nothing like this,
this is our work, we have to
see it further!

Amit Jain Advocate --


Actually no.

Mrs. Neeru Aggarwal ---


Yours ahead.
127

Amit Jain Advocate –


Actually if you drive early
morning, you will feel sleepy

Mrs. Neeru Agarwal - No.


They have a habit, they are
used to.

Amit jain advocate..- so he


drives himself sir.

Mrs. Neeru Aggarwal --- Yes,


he drives himself.

Amit Jain Advocate - Yes , it


feels sleepy sometimes

Mrs. Neeru Aggarwal - No ,


he is used to it

Amit Jain Advocate – Bye


the way, he can take a
driver

Mrs. Neeru Aggarwal - If the


weather is good , if the
weather is not cloudy or
there is no rain, then we go
out early morning only. ,

Amit Jain Advocate - okay


128

Mrs. Neeru Aggarwal - We


leave at five in the morning,
reach by nine o'clock in any
condition, then get ready
and go to our office at ten,
one and a quarter of ten.

Amit Jain Advocate --- hm

Mrs. Neeru Agarwal – he will


come tomorrow, your work
will be done.

Amit Jain Advocate -


Actually No.

Mrs. Neeru Aggarwal - Look,


you don't need to worry, he
is more worried than you ,
that he has to decide on the
15th any way!

Amit Jain Advocate - Yes,

Mrs. Neeru Aggarwal - You


don't need to take tension, I
will call him, he is in the
Chandigarh and will ask
him.
129

Amit jain Advocate – this


incident happened in 2004
but we still remember this
incident.

Mrs. Neeru Aggarwal – yes

Amit Jain Advocate - Now


you see this, my father came
from Delhi at 2.30 in the
night and left again at 5 in
the morning.

Mrs. Neeru Agarwal - Yes!

Amit Jain Advocate - we


have suffered like this

Mrs. Neeru Aggarwal - Yes,


yes.

Amit Jain Advocate - It is


God's grace that this case
came under sir

Mrs. Neeru Aggarwal - Come


on don't you worry, your
case will be decided
130

Amit Jain Advocate - So the


confirmation of Kapil is
there or not

Mrs. Neeru Aggarwal - Look,


I can’t tell you something
right now, he had got it
done in court only probably
he typed it himself, I am not
sure how he is getting it
done, he did not let anyone
know about it in fact
Rajeshwari was telling him
that this matter was with
sir.

Amit Jain Advocate --- Yes,


yes.

Mrs. Neeru Aggarwal --- So


he made them write it so
that no body knows what’s
going on a case

Amit Jain Advocate – If it is


not written then it will not
be with Rajeshwari.
131

Mrs. Neeru Aggarwal - Yes,


yes.

Amit Jain Advocate –


Rajeshwari will type
everything

Mrs. Neeru Aggarwal – he


said nobody will get to know
. whatever the main part
will be he will get it typed
on the spot only

Amit Jain Advocate - Well


then he must have got the
facts written.

Mrs. Neeru Aggarwal --- Yes,


yes.

Amit Jain Advocate - Yes, all


the facts were typed, they
were the same, I have given
all the statements.

Mrs. Neeru Aggarwal - Don't


you worry. everything will be
alright. Rest I will call them
in Chandigarh after 4 o
clock and will ask him at
132

what time will he be leaving


.

Amit Jain Advocate - Means


according to you three are
confirmed but the 4th one Is
not sure .

Mrs. Neeru Aggarwal - Yes it


is, we had a talk a day
before yesterday , I know
this much, , I could not talk
to him yesterday because in
the day he was at the
court, just as soon as he
came we got busy .

Amit Jain Advocate- Good.

Mrs. Neeru Aggarwal - I will


call him after 4 o'clock
today. And will ask him at
what time they will leave

Amit Jain Advocate – hm .

Mrs. Neeru Aggarwal - This


is it.
133

Amit Jain Advocate - There


are three people in that
Kartar Singh.

Mrs. Neeru Aggarwal -


Because it is like that even
if he leaves at 9 o'clock in
the night, then he will reach
by 12:3o in the morning

Amit Jain Advocate - Yes


will come easily!

Mrs. Neeru Aggarwal - Yes, I


will see, and ask him after
some time

Amit Jain Advocate - Google


show time, it is showing
three and a half hours.

Mrs. Neeru Aggarwal - Yes,


yes.

Amit Jain Advocate - The


speed of the car is 100/120
kmp, then in two and a half
hours.
134

Mrs. Neeru Aggarwal --- our


doesn't work, on 120/140.

Amit Jain Advocate - Yes,


with that speed assumed
that he will reach
comfortably in two and a
half hours.

Mrs. Neeru Aggarwal – he


has actually gone alone too,
so I told them to go easy.

Amit Jain Advocate - 'If you


would have told me, I
would have gone, I would
have driven the car, it would
have been no problem

Mrs. Neeru Aggarwal - No,


he don't like to take the
driver .

Amit Jain Advocate --- No,


no, just tell me if you want
to go somewhere in the
future , I will have no
problem
135

Mrs. Neeru Agarwal - Come


on.

Amit Jain Advocate – you


are like a family

Mrs. Neeru Aggarwal - Yes.


yes yes

Amit jain Advocate ---- I am


not here for my work only

Mrs. Neeru Aggarwal - Yes,


yes.

Amit Jain Advocate – I am


standing with you in all the
ways

Mrs. Neeru Agarwal - No


problem

Amit Jain Advocate - our


younger brother is standing
like elder brother.

Mrs. Neeru Aggarwal - Yes,


yes.

Amit Jain Advocate - That's


how I am standing.
136

Mrs. Neeru Aggarwal - Yes,


yes.

Amit Jain Advocate - You


can call me even at 2 o'clock
in the night, no matter
where am I , I will reach as
soon as possible.

Mrs. Neeru Aggarwal - All


right!

Amit Jain Advocate--- He is


not, then!

Mrs. Neeru Aggarwal - Yes,


tomorrow is the only day left
your case is on his first
preference.

Amit Jain Advocate - Yes,

Mrs. Neeru Aggarwal – other


party is also trying to put
the pressure but we are not
entertaining them at all .

Amit Jain Advocate - hm,


now madam, should I tell
137

the address of the other


party.

Mrs. Neeru Aggarwal - I


don’t need it because we
are not interested

Amit Jain Advocate – your


court has the Government
lawyer Amit Tyagi .

Mrs. Neeru Aggarwal - Yes.

Amit Jain is Advocate -- and


Professional.

Mrs. Neeru Aggarwal - Yes.

Amit Jain Advocate - And


your orderly.

Mrs. Neeru Agarwal - Yes.

Amit Jain Advocate - All


three sit together and eat
food.

Mrs. Neeru Aggarwal --. Yes


yes.
138

Amit Jain Advocate ---


Something is cooking
between all of them

Mrs. Neeru Aggarwal - what


about all three?

Amit Jain Advocate - All


three are same.

Mrs. Neeru Aggarwal - Yes,


we know this too.

Amit Jain Advocate –


suppose if any case comes

Mrs. Neil Aggarwal - Yes.

Amit Jain Advocate - So


these three say that I will
get it done, I will get it
done!

Mrs. Neeru Aggarwal - Yes.

Amit Jain Advocate - I had


told sir also.

Mrs. Neeru Aggarwal - Yes,


yes.
139

Amit jain Advocate – I had


already informed sir about
these three even earlier
when I met him before the
case.

Mrs. Neeru Aggarwal - hm.

Amit Jain Advocate - I have


already told sir that he has
been defamed

Mrs. Neeru Aggarwal - see I


will tell you honestly that
we don’t have the interest in
any case

Amit Jain Advocate – hm.

Mrs. Neeru Aggarwal --- You


are also watching him for
the past six months, he
takes full interest in the
case, then only they give the
verdict.

Amit Jain Advocate – hm.

Mrs. Neeru Aggarwal – They


don’t give it in favor of
140

someone, they do what they


think is right.

Amit Jain Advocate -


Absolutely.

Mrs. Neeru Aggarwal - If we


give a one sided decisions it
will be bad for us only .

Amit Jain Advocate - hm.

Mrs. Neeru Aggarwal – See,


he is not PCS anymore. So,
he always need to disclose
everything because all the
allegations against him will
be made before High Court.

Amit Jain Advocate - Yes,


Yes, Yes.

Mrs. Neeru Agarwal - hm.


We also have to take care of
our image. Even earlier
there was a complaint
against him due to fault of
Peshkar.

Amit Jain Advocate – okay .


141

Mrs. Neeru Aggarwal - I did


not know what was going on
in that.

Amit Jain Advocate - hm

Mrs. Neeru Aggarwal - It was


because of the mistake of
Peshkar, he even scolded the
Peshkar by calling himself

Amit Jain Advocate -hm, he


must have leaked the
judgment.

Mrs. Neeru Aggarwal - We


know how much tension has
been in our house for these
six months.

Amit Jain Advocate - No, he


must have leaked the
judgment.

Mrs. Neeru Aggarwal ---


Which one ?

Amit Jain Advocate - Yes.

Mrs. Neeru Aggarwal – No,


he didn’t leaked the
142

judgment , he was holding a


cash

Amit Jain Advocate – Oh!,

Mrs. Neel Aggarwal –


Peshkar was there . he has
given the bail

Amit Jain Advocate – okay


dhas peshwar has told
something.

Mrs. Neil Aggarwal – he


thought that if we will say
to , sir will do something

Amit Jain Advocate - hm.

Mrs. Neeru Aggarwal - he


was holding the money.

Amit Jain Advocate – very


bad

Mrs. Neil Agarwal – hm

Amit Jain Advocate - I know


how bad he is

Mrs. Neeru Aggarwal –hm


143

Mr.Amit Jain Advocate -


crossed all the limits.

Mrs. Neeru Aggarwal - Now


let me tell you about this
case!

Amit Jain Advocate --- yes .

Mrs. Neeru Aggarwal - on


behalf of their Accused’s
lawyer and our public
prosecutor.

Amit Jain Advocate- Ji.

Mrs. Neeru Aggarwal –


Personally, I myself was
under so much pressure,
they (Public prosecutor)
called me today also and
even last night around 8’o
clock.

Amit Jain Advocate --- hm


hm

Mrs. Neeru Aggarwal --- 'I


told my guard to lock my
144

premises. I am so much
worried.

Amit Jain Advocate -


Actually madam what you
do is don’t talk to them on
call

Mrs. Neeru Aggarwal - No,


no, the thing is Public
Prosecutor always have our
phone number.

Amit Jain Advocate - Yes, do


not tell them anything on
the phone.

Mrs. Neeru Aggarwal ---


Actually, now and then we
talk to each other, in fact,
the public prosecutor on one
occasion even took my
daughter to get the
medicines.

Amit Jain Advocate - Yes,


yes, yes.

Mrs. Neeru Aggarwal - Yes,


yes, now when there is some
145

urgent matter at home, the


orderly has to be called
because I sometimes I talk
with public prosecutor also.

Amit Jain Advocate - Ji.

Mrs. Neeru Aggarwal - When


they started creating
pressure, then we alerted
everyone, that there is no
need to put pressure on me
at all.

Amit Jain Advocate --- Yes


Yes.

Mrs. Neeru Agarwal -


Because I am a family
member.

Amit Jain Advocate ---


Absolutely.

Mrs. Neeru Aggarwal --- I


will go directly to the
District Judge and make a
complaint.
146

Amit Jain Advocate - Yes,


yes.

Mrs. Neeru Aggarwal - That


everyone is putting pressure
on me.

Amit Jain Advocate - Yes,


yes.

Mrs. Neeru Aggarwal -


Yesterday, I told Kuldeep
that he should not let
anyone come outside means
inside the premises

Amit Jain Advocate - Yes.

Mrs. Neeru Aggarwal -


Children's studies are also
disturbed, they come and sit
for two- two hours.

Amit Jain Advocate hm hm .

Mrs. Neeru Agarwal – Pubic


prosecutor had also put his
all efforts, he called in the
morning also
147

Amit Jain Advocate - I know


about him.

Mrs. Neeru Aggarwal - Look,


everyone thinks of their own
benefit.

Amit Jain Advocate -


Absolutely, absolutely.

Mrs. Neeru Aggarwal - It is


okay, how do we know how
much money they are giving
him

Amit Jain Advocate – hm


hm.

Mrs. Neeru Aggarwal - He


was sitting in his chamber
yesterday.

Amit Jain Advocate - Yes,


yes.

Mrs. Neeru Aggarwal - Then


he said that you should go.
That today my own work is
going on, you are not
required here.
148

Amit Jain Advocate - Yes,


yes.

Mrs. Neeru Aggarwal -


Yesterday there was Lok
Adalat.

Amit Jain Advocate – hm .

Mrs. Neeru Aggarwal - You


don't have any work, you go
out and sit.

Amit Jain Advocate -hm

Mrs. Neeru Aggarwal – hm ,


we could have listened
everybody if we wanted to
entertain everyone.

Amit Jain Advocate - No no I


know about him . just now
he has became.

Mrs. Neeru Aggarwal - You


don't worry, you don't
worry. Your judgment will be
done on 15th .

Amit Jain Advocate – hm


149

Mrs. Neeru Aggarwal -


Because they too have a lot
of tension on their mind
about the fact that if T.A
Complaint is done by
somebody unnecessarily
then it wont be of any use .

Amit Jain Advocate - Don't


you worry. T.A.'s
responsibility and
complaints responsibility is
mine . I won’t roam around
like this

Mrs. Neeru Aggarwal – hm .

Amit jain Advocate – Isn’t I


can try to get the case
transferred after T.A. is
rejected.

Mrs. Neeru Aggarwal – hm


hm

Amit Jain Advocate - So this


is how the transfer will
happen in the air.
150

Mrs. Neeru Aggarwal - Yes,


yes.

Amit jain Advocate --- It is


not like this.

Mrs. Neeru Aggarwal – hm


hm

Amit Jain Advocate - The


judge is in the High Court,
in the Supreme Court as
well, it is not a small thing

Mrs. Neeru Aggarwal - No,


you don't worry. Look, he
had assured you on the very
first day itself.

Amit Jain Advocate - Look ,


I can give my life, no
problem, but someone
cheats with me. I do not
tolerate that.

Mrs. Neeru Aggarwal - Who


is cheating.

Amit Jain Advocate - No.


151

Mrs. Neeru Agarwal -


Cheating. Who's cheating

Amit Jain Advocate – I am


not saying this for you . I
am saying it in general

Mrs. Neeru Agarwal - Yes.

Amit Jain Advocate – hmm .

Mrs. Neeru Aggarwal - Don't


you worry, I will talk to him
in the evening and then call
you and will tell you
whether he will come or not

Amit Jain Advocate - Yes!

Mrs. Neeru Aggarwal - All


right.

Amit jain Advocate - Till I


don't talk to sir.

Mrs. Neeru Agarwal - Yes.

Amit jain Advocate - . I


don’t feel like eating
anything or don’t feel like
152

talking to anyone my mind


remains agitated .

Mrs. Neeru Aggarwal - No,


no, there is nothing like
this, you don't need to take
so much tension ,

Amit Jain Advocate – even If


I receives a call from any
client I just ask them to call
me after 15th

Mrs. Neeru Aggarwal – that


day the boy came and asked
me about the sir, you must
have told him to take anil
Yadav name at the gate

Amit Jain Advocate - No, he


didn’t said anything on the
gate

Mrs. Neeru Aggarwal --- he


has said that I have to go to
Anil Yadav's house at the
gate.

Amit Jain Advocate - hm.


153

Mrs. Neeru Agarwal -. And


came and rang the bell of
my house and asked about
the Sir.

Amit Jain Advocate - I am,


am.

Mrs. Neeru Aggarwal - Then


I scolded Shamshad, that
when I have asked you that
no one should ring the bell
of my premises why it is
happening then

Amit Jain Advocate ---hm

Mrs. Neeru Aggarwal - Then


how did someone came?

Amit jain Advocate – hm

Mrs. Neeru Aggarwal - I told


him in the morning that no
one should ring the bell

Amit Jain Advocate - Yes Yes


Yes!
154

Mrs. Neeru Aggarwal – I even


told my milkman . not to
bring the milk today .

Amit Jain Advocate - No no


look madam, I am telling
you that I am absolutely like
a member of your family,
wherever you need anything
in school or medical, don't
you tell anyone, you tell me.

Mrs. Neeru Aggarwal - Yes, I


haven’t let the milk person
to come today at, I have told
all of them that we are not
at home today

Amit Jain Advocate - Don't


take tension at all.
Whenever there is a need for
anything , you can call me,

Mrs. Neeru Aggarwal - Well,


Amit ji will ask himself.
Whether he is at home or
not

Amit Jain Advocate - Who


155

Mrs. Neeru Agarwal - Amit


Tyagi!

Amit Jain Advocate - Yes


yes.

Mrs. Neeru Agarwal .... Yes.


So today I even told them
not to come because we are
not at home

Amit Jain Advocate - Yes


yes.

Mrs. Neeru Aggarwal - Then


you don’t need to worry.

Amit Jain Advocate - I had


sent this so that whenever
Chhotelal ji is standing
outside or someone is
standing, then that would be
the problem. Madam, once
you have seen or not.

Mrs. Neeru Aggarwal – hm .

Amit Jain Advocate – I had


already explained him that
if madam comes take my
156

name, but If somebody else


comes , tell then you came
from G.d Goenka and just
came to meet the sir

Mrs. Neeru Agarwal - Yes

Amit Jain Advocate - Yes,


you don't need to worry at
all.

Mrs. Neeru Aggarwal - Yes.

Amit Jain Advocate - If you


want to go somewhere, I will
take the car myself, I will
send the car, I have a car, I
don't have any problem.

Mrs. Neeru Aggarwal – Yes,


now don’t worry I will let
you know after talking to
him in the evening

Amit Jain Advocate - So now


Madam Three is imprisoned
for life, and we still don’t
know about the kapil .
157

Mrs. Neeru Agarwal – okay .

Amit Jain Advocate - That's


it.

Mrs. Neeru Agwal - It's okay


it's fine, I'll ask.

Amit Jain Advocate - Has


anyone come?
158
ANNEXURE P-6

CALL RECORDING BETWEEN


MR. AMIT JAIN ADVOCATE
AND ADJ MR. SANDEEP
GUPTA (FROM 8968231511
TO 9411033400)

DATE -14.03.2022

TIMING-14.22PM

CALL DURATION- (0.34


MINUTES)

Amit Jain Advocate - Hello.

Judge Mr. Sandeep Gupta -


Hello.

Amit Jain Advocate - Hello


Sir

Judge Mr. Sandeep Gupta -


Why are you troubling my
wife by calling at home
again and again?

Amit Jain Advocate - Now it


has become trouble sir?
159

Judge Mr. Sandeep Gupta -


No, you think you are a big
goon?

Amit Jain Advocate – Look


sir, you please don’t give me
threats.

Judge Mr. Sandeep Gupta -


Don't talk nonsense,
bastered

Amit Jain Advocate - Listen


to me.

Judge Mr. Sandeep Gupta -


Why are you troubling my
wife?

Amit Jain Advocate - First


listen to me.

Judge Mr. Sandeep Gupta - I


am not deciding your case at
all, I am sending this case
back.

Amit Jain Advocate - Look, I


have all the recordings of
160

you, your wife too. I will


send it to you right now.

Judge Mr. Sandeep Gupta –


Get lost, you bhenchod.

Amit Jain Advocate - Yes, I


will complain about you,
don't you worry.
ANNEXURE P-7 161

F I R S T I N F O R M A T I O N

R E P O R T

( U n d e r S e c t i o n 1 5 4 C r . P . C . )

1 . D i s t r i c t : M u z a f f a r N a g a r

P . S . ( P o l i c e S t a t i o n ) : C i v i l

L i n e s

Y e a r : 2 0 2 2 F I R N o . : 0 1 0 1

D a t e a n d T i m e : 0 4 / 0 3 / 2 0 2 2

2 3 : 3 5

2 .

S . A c t s S e c t i o n s

N o .

1 . I P C 1 8 6 0 4 5 2

2 . I P C 1 8 6 0 3 8 7

3 . I P C 1 8 6 0 3 5 3
162

4 . I P C 1 8 6 0 5 0 6

5 . I P C 1 8 6 0 5 0 7

3 . O c c u r r e n c e o f O f f e n c e

( O c c u r r e n c e o f O f f e n c e ) :

( a ) D a y ( d a y ) : M o n d a y D a t e

F r o m : 1 4 / 0 3 / 2 0 2 2 D a t e T o :

1 4 / 0 3 / 2 0 2 2

T i m e P e r i o d : 5 : 0 0 H r s .

T i m e F r o m : 1 3 : 0 0 P M T i m e

T o : 1 3 : 0 0 P M

( b ) I n f o r m a t i o n r e c e i v e d a t

P . S . : D a t e : 1 4 / 0 3 / 2 0 2 2

T i m e ( t i m e ) : 2 3 : 3 0 H r s .
163

( c ) D a t e o f f i l i n g o f F I R : -

D a t e : 1 4 / 0 3 / 2 0 2 2 T i m e :

2 3 : 3 0 H r s .

( c ) G e n e r a l D i a r y

R e f e r e n c e :

E n t r y N o . : 0 5 8 T i m e :

1 4 / 0 3 / 2 0 2 2 2 3 : 3 0 H r s .

4 . T y p e o f I n f o r m a t i o n :

W r i t t e n

5 . P l a c e o f O c c u r r e n c e :

( a ) D i r e c t i o n a n d D i s t a n c e

f r o m P . S : S o u t h 0 1 K M S

B e a t N o . : … … … … . .

( b ) A d d r e s s : H O U S E N O

H C H 1 s t , T Y P E - I V , G r o u n d
164

F l o o r , C o u r t C o m p l e x ,

O f f i c e r s C o l o n y n e a r M a s j i d

M u z

( c ) I n c a s e , O u t s i d e t h e

l i m i t o f t h e P o l i c e S t a t i o n

( i f p o l i c e s t a t i o n i s o u t s i d e

t h e l i m i t ) :

N a m e o f P . S ( n a m e o f p o l i c e

s t a t i o n ) : D i s t r i c t :

6 . C o m p l a i n a n t / I n f o r m a n t

( c o m p l a i n a n t / i n f o r m a n t ) :

a . N a m e : S m t . N e e r u

A g g a r w a l ,

b . F a t h e r ’ s N a m e : S h .

S a n d e e p G u p t a

c . D a t e / Y e a r o f B i r t h

( y e a r o f b i r t h ) : 1 9 8 7
165

d . N a t i o n a l i t y

( n a t i o n a l i t y ) : I n d i a n

e . U I D N o . :

f . P a s s p o r t N o . :

D a t e o f I s s u e :

P l a c e o f I s s u e :

g . I d D e t a i l s ( R a t i o n

C a r d , V o t e r I D C a r d ,

P a s s p o r t , U I D N O . ,

D r i v i n g L i c e n s e , P A N )

S . N o . I D T y p e I D

N u m b e r

1 .

h . A d d r e s s :

S . N o . A d d r e s s A d d r e s s

T y p e

C u r r e n t H O U S E N O
1 .
A d d r e s s H C H 1 s t ,
166

T Y P E - I V ,

G r o u n d

F l o o r ,

C o u r t

C o m p l e x ,

O f f i c e r s

C o l o n y n e a r

M a s j i d ,

c i v i l L i n e s ,

M u z a f f a r p u r

N a g a r ,

U t t a r

P r a d e s h ,

I n d i a

P e r m a n e n t H O U S E N O
2 .
A d d r e s s H C H 1 s t ,

T Y P E - I V ,

G r o u n d

F l o o r ,
167

C o u r t

C o m p l e x ,

O f f i c e r s

C o l o n y n e a r

M a s j i d ,

c i v i l L i n e s ,

M u z a f f a r p u r

N a g a r ,

U t t a r

P r a d e s h ,

I n d i a

i . O c c u p a t i o n :

j . P h o n e N u m b e r :

M o b i l e :
168

7 . D e t a i l s o f K n o w n /

S u s p e c t / U n k n o w n a c c u s e d

w i t h f u l l p a r t i c u l a r s ( a t t a c h

s e p a r a t e s h e e t i f

n e c e s s a r y ) :

S . N a m e A l i a s R e l a t i v e ’ s P r e s e n t

N o . N a m e A d d r e s s

1 . A m i t F a t h e r ’ s 4 1 , G h e r

K u m a r n a m e : - K h e t i ,

J a i n P r a d e e p N a i

K u m a r M a n d i ,

J a i n M u z a f f a r

p u r

N a g a r ,

U t t a r

P r a d e s h ,

I n d i a
169

8 . R e a s o n f o r d e l a y i n

r e p o r t i n g b y t h e

c o m p l a i n a n t / i n f o r m a n t :

9 . P a r t i c u l a r s o f t h e

p r o p e r t i e s s t o l e n / i n v o l v e d

( a t t a c h s e p a r a t e s h e e t i f

n e c e s s a r y ) :

P r o p e r t P r o p e r t D e s c r i p t i

S . y y T y p e o n

N o C a t e g o

. r y

1 0 . T o t a l v a l u e o f p r o p e r t y

s t o l e n

1 1 . I n q u e s t R e p o r t / U . D .

C a s e N o . , i f a n y

S . N o . U I D B

N u m b e r
170

1 2 . F . I . R . C o n t e n t s ( a t t a c h

s e p a r a t e s h e e t , i f r e q u i r e d )

( C o p y i n g T a h r i r )

S i r , T o S e n i o r

S u p e r i n t e n d e n t o f P o l i c e ,

D i s t r i c t M u z a f f a r n a g a r S i r ,

i t i s r e q u e s t e d t h a t

C o m p l a i n a n t i s c u r r e n t l y

r e s i d i n g i n J u d g e ' s

r e s i d e n c e a t J u d g e

C o m p o u n d H o u s e N o . H . C H

I s t , T y p e - 1 G r o u n d F l o o r

C o u r t C o m p l e x O f f i c e r s

C o l o n y n e a r M a s j i d

M u z a f f a r n a g a r . I n t h e

f a m i l y o f t h e C o m p l a i n a n t ,

h e r h u s b a n d i s p r e s e n t l y

a p p o i n t e d a s t h e A d d i t i o n a l
171

D i s t r i c t J u d g e a n d S e s s i o n s

J u d g e C o u r t N o . 1 4 D i s t r i c t

M u z a f f a r n a g a r a n d t h e r e a r e

t w o y o u n g e r d a u g h t e r s o f

t h e C o m p l a i n a n t . I n t h e

c o u r t o f t h e C o m p l a i n a n t ' s

h u s b a n d , S e s s i o n s T r i a l n o .

5 9 2 / 2 0 0 4 S a r k a r V s .

D h a r a m p a l A d i S e s s i o n

T r i a l N o . 2 3 2 / 2 0 0 4

G o v e r n m e n t V s . K a t a r S i n g h

u n d e r S e c t i o n 3 6 4

I . D . N o . 2 4 / 2 0 0 4 P o l i c e

S t a t i o n N e w M a n d i D i s t r i c t

M u z a f f a r n a g a r i s r e s e r v e d

f o r d e c i s i o n . M r . A m i t J a i n

w h o i s t h e s o n o f t h e

C o m p l a i n a n t M r . P r a d e e p

J a i n i n t h e a b o v e m e n t i o n e d

c a s e h a s b e e n c o n t i n u o u s l y
172

c a l l i n g t h e C o m p l a i n a n t o n

m o b i l e n u m b e r 8 9 6 5 8 2 3 1 5 1 1

f r o m h i s p h o n e n u m b e r

9 4 1 1 0 3 5 4 0 0 a n d a n o t h e r

b l o c k n u m b e r 7 0 1 7 2 7 3 6 4 4 .

H e i s c o n t i n u o u s l y

t h r e a t e n i n g t h e C o m p l a i n a n t

b y s e n d i n g m e s s a g e s , v o i c e

m e s s a g e s a n d s a y i n g t h a t i f

y o u r h u s b a n d d o e s n o t

p u n i s h t h e a c c u s e d p e r s o n s

o f t h e a b o v e c a s e o r e v e n i f

a s i n g l e a c c u s e d i s l e f t o u t ,

t h e n I w i l l k i l l a l l t h e f o u r

m e m b e r s o f y o u r f a m i l y b y

k i d n a p p i n g . . . w i t h t h e h e l p

o f m y c o m p a n i o n s a n d

t r a u m a t i z e y o u r c h i l d r e n b y

k i d n a p p i n g t h e m f r o m

s c h o o l . I w i l l n o t l e a v e y o u
173

g u y s ! I n t h i s w a y , A m i t

K u m a r J a i n i s t h r e a t e n i n g

t h e C o m p l a i n a n t a n d t h e

f a m i l y o f t h e C o m p l a i n a n t

w i t h a b u s i v e l a n g u a g e a n d

b y c o n s t a n t l y f e a r i n g d e a t h

a n d h u r t b y m e n t a l t o u c h e r .

A m i t K u m a r J a i n t h r e a t e n e d

m e t h i s m o r n i n g o n

1 4 . 0 3 . 2 0 2 2 a t a r o u n d 1 . 0 0

P M . I n c i d e n t s a r e h a p p e n i n g

c o n t i n u o u s l y . M r . A m i t J a i n

i s p u t t i n g u n d u e p r e s s u r e o n

t h e C o m p l a i n a n t , a n d

o b s t r u c t i n g t h e o f f i c i a l

w o r k o f t h e h u s b a n d o f t h e

c o m p l a i n a n t . T h e r e a f t e r o n

t h e s a m e d a y w h e n t h e

C o m p l a i n a n t p a n i c k e d a n d

c a l l e d h e r h u s b a n d f r o m
174

c o u r t , A m i t K u m a r J a i n

e n t e r e d i n s i d e t h e h o u s e a n d

s t a r t e d p u s h i n g a n d

t h r e a t e n i n g m e t h a t i f a l l

t h e f o u r a c c u s e d w e r e n o t

p u n i s h e d t o l i f e

i m p r i s o n m e n t , h e w i l l s h o o t

m y f a m i l y a n d w i l l t r o u b l e

m e . H e a l s o s t a t e d t h a t A l l

i n f o r m a t i o n i s r e q u i r e d t o

b e g i v e n t o h i m b e f o r e a

d e c i s i o n i s m a d e . T h e

d e c i s i o n s h o u l d b e i n o u r

f a v o r i n a n y c a s e , k e e p i n g

i n v i e w t h e a b o v e i n c i d e n t ,

i t i s n e c e s s a r y t o p r o v i d e

p o l i c e p r o t e c t i o n t o t h e

f a m i l y o f t h e c o m p l a i n a n t .

L e g a l a c t i o n s h o u l d b e

t a k e n b y r e g i s t e r i n g f i r s t
175

i n f o r m a t i o n r e p o r t o f t h e

s a i d i n c i d e n t a g a i n s t

a c c u s e d A m i t J a i n .

T h e r e f o r e , i t i s r e q u e s t e d t o

O f f i c e r i n c h a r g e , P o l i c e

S t a t i o n C i v i l L i n e s h o u l d b e

d i r e c t e d t h a t A m i t K u m a r

J a i n S / o P r a d e e p K u m a r J a i n

r e s i d e n t 4 1 G h e r K h a t t i

P o l i c e S t a t i o n N a i m a n d i

D i s t r i c t M u z a f f a r n a g a r , a n d

a l s o r e q u e s t h i m t o r e g i s t e r

f i r s t i n f o r m a t i o n r e p o r t

a g a i n s t h i s o t h e r a s s o c i a t e s

a n d t a k e a p p r o p r i a t e l e g a l

a c t i o n . D a t e d 1 4 . 0 3 . 2 0 2 2

S i g n a t u r e E n g l i s h U n r e a d

a p p l i c a n t o r ( N e e r u

A g g a r w a l ) w i f e S h r i

S a n d e e p G u p t a , A d d i t i o n a l
176

D i s t r i c t a n d S t a t e J u d g e ,

C o u r t N o . 1 4 M u z a f f a r n a g a r

H o u s e N o . H . C . H . 1 s t , T y p e

I V , G r o u n d F l o o r C o u r t

C o m p l e x , O f f i c e r s C o l o n y

n e a r M a s j i d M u z a f f a r n a g a r

M O B I L E : - 8 9 6 8 2 3 1 5 1 1

N o t e : - I , C o n s t a b l e S a n d e e p

K u m a r N o . 5 7 8 , c e r t i f y t h a t

t h e c a s e h a s b e e n r e g i s t e r e d

i n t h e a b o v e m a n n e r b y m e .

N o t e - T h e c o p y o f t h e

T a h r i r w a s c o m p u t e r i z e d

l i t e r a l l y o n t h e c o m p u t e r .

1 3 . A c t i o n T a k e n S i n c e t h e

a b o v e i n f o r m a t i o n r e v e a l s

c o m m i s s i o n o f o f f e n c e ( s )

u / s a s m e n t i o n e d a t i t e m

N o . 2 :
177

( 1 ) R e g i s t e r e d t h e c a s e a n d

t o o k u p t h e I n v e s t i g a t i o n :

( 2 ) D i r e c t e d ( N a m e o f t h e

I . O . ) : P a w a n D e e p S h a r m a

R a n k : S I ( S u b - I n s p e c t o r )

N o : 0 1 2 2 7 0 0 5 3 t o t a k e u p

t h e I n v e s t i g a t i o n

O R

( 3 ) R e f u s e d I n v e s t i g a t i o n

d u e t o ) :

O R

( 4 ) T r a n s f e r r e d t o

P . S ( n a m e ) : D i s t r i c t : o n

p o i n t o f j u r i s d i c t i o n C y b e r

P o l i c e S t a t i o n , P u n e

F . I . R r e a d o v e r t o t h e

c o m p l a i n a n t / i n f o r m a n t ,
178

a d m i t t e d t o b e c o r r e c t l y

r e c o r d e d a n d a c o p y g i v e n

t o t h e c o m p l a i n a n t /

i n f o r m a n t , f r e e o f c o s t .

R . O . A . C . :

S i g n a t u r e o f O f f i c e r

1 4 . S i g n a t u r e / T h u m b

I m p r e s s i o n o f t h e

C o m p l a i n a n t / I n f o r m a n t :

S i g n a t u r e o f O f f i c e r i n

c h a r g e

N a m e : _ _ _ _ _ _ _ _ _ _ _ _ _

R a n k : ( I n s p e c t o r )

N o . :
179

1 5 . D a t e a n d T i m e o f

d i s p a t c h t o t h e c o u r t :

S i g n a t u r e o f O f f i c e r

i n c h a r g e P o l i c e S t a t i o n

N a m e : P o l i c e S t a t i o n C i v i l

L i n e s

R a n k : I ( I n s p e c t o r )

N o . 9 4 5 4 4 0 4 0 6 4

T h i s i s t y p e d o n t h e

c o m p u t e r a n d e x p l a i n e d t o

m e i n H i n d i . I t i s a s t r u e

a n d r i g h t a s I s a y .

I n f r o n t o f

N a m e o f I . O . :

D e s i g n a t i o n :
ANNEXURE P-8 180
To,

Respected S.S.P, Muzzafar Nagar

Subject- Cr. No.-101, 2022

Section-452387,353,506,507 In

relation to the investigation of

police station civil line

Muzaffarnagar from the Central

Bureau of Investigation (C.B.I.).

Sir,

It is submitted that in the court

of court ADJ-14, Muzaffarnagar,

Sessions Trial No. 592 of 2004,

Sarkar Vs. Dharampal etc.

Section 364 IPC and Sessions

Trial No. 932 of 2004, Sarkar Vs

Katar Singh is under

consideration. Sachin Jain, who

is kidnapped in the above case,

is my younger brother. The said


181
case was transferred from

Hon'ble Court of Posco, Court

no.-2 to the Hon'ble Court of

ADJ-14.

In which the presiding officer

Sandeep Gupta told me in the

court on 18.02.2022 that if I

come to his house in the

evening, he will punish the

accused in the above said case.

On his call, I went to his house

and the judge told me that the

case is weak, if you give me 5

lakh rupees, then I will punish

the accused. On his demand, Rs

5 lakh was given to him by me in

4 installments at his residence.

He took money from me and gave

it to his wife in front of me.

Judge Sandeep Gupta and his

wife talked to me at his house


182
regarding the case, whose voice

recording is also safe with me.

(Which is attached with this

application by copying in CD.)

After taking full 5 lakh rupees

from me, on 11.03.2022,

Sandeep Gupta Judge Sahab

called from his wife's mobile

number 8958231511 on my

mobile number 9411033400 at

09:30 PM and called me to his

house. Firstly, I spoke to the

wife of the judge and then to the

Judge himself who called me to

meet him at his residence at

10:30 in the night, whose call

recording is attached with it.

After this, on 11.03.2022, we

had a conversation when there

was call from number

8963231511 on my another Jio


183
number 7017273644, When I

went to his house, Judge Sahab

Sandeep Gupta and his wife said

that we will punish 2 out of 4

accused and not the other 2.

Then said let's punish 3 but we

will not be able to punish Kapil.

Thereafter, I told him that you

should have told me this thing

in advance, then the judge said

that the accused Dharampal and

Rohit are giving me 6 to 7 lakhs.

I said that if you want some

more money then tell me and I’ll

make arrangements. After that,

on 12.03.2022, the wife of the

judge called me on my mobile

number 7017273644 at 12:44 pm

and 08:41 pm and on 13.03.2022

at 01:03 pm, in which they

discussed about the judgement


184
of the whole case and said that

our court's public prosecutor

Amit Tyagi and the accused's

lawyers and accused are

pressurizing us, by coming home

again and again. The call

recording of the conversation

and other evidence is safe with

me, which is attached herewith.

After taking the bribe, the

accused made an agreement with

the judge and to put pressure on

me, the judge Sahab Sandeep

Gupta called me on my mobile

number 9411033400 from the

above number on 14.03.2022 at

2:23 pm and abused and

threatened me and in order to

save himself and to implicate

me, he filed a complaint against

me through his wife and wants


185
to send me to jail by using his

position in false case. While

there is no truth in the said

complaint. The recording of

CCTV footage near the lock-up in

the court premises and

collectorate premises should be

collected and taken into

consideration in the said case.

On 14.03.2022 I did not go to

the house of the judge. If I had

gone to his house as he alleged

in the complaint, he could have

made a video of me and made

noise and called the police at

the same time. But this was not

done by him and to save himself

under a conspiracy, a false case

was instituted against me

through his wife. I am giving all

the audio in CD, voice recording


186
which is recorded by me from my

mobile (Samsung A-12) which is

absolutely correct, if the judge

and his wife deny the recording

available in CD or contends that

it is false, forensic examination

should be done and samples of

voice of Judge and his wife

should also be sent for forensic

examination so that truth come

out. In this regard, I have sent a

complaint letter and mail to the

District Judge Sir

Muzaffarnagar, Chief Justice of

Supreme Court New Delhi, Chief

Justice of High Court Allahabad

and Administrative Justice

Muzaffarnagar High Court

Allahabad and Registrar General

High Court Allahabad. Judge

Saheb Sandeep Gupta and his


187
wife is guilty in this whole case,

against whom it is necessary to

get a case registered after

investigation under the

Corruption Act etc. or I should

be given permission to file a

case and my 5 lakh rupees

should also be returned from the

judge and I should get justice in

the case filed against me by the

wife of the Judge. There is a

danger to life from Sandeep

Gupta and his wife and from the

accused in the above case and

from other unknown people. Any

untoward incident can happen to

me and my family at any time. It

is my humble request that the

pendrive should be taken into

consideration in the said case


188
and help me get justice in the

false case instituted against me.

Date: 15.03.2022

Amit Kumar Jain (Advocate)

Son Shri Pradeep Kumar

Resident- Gherkhatti,

Naimandi, Muzaffarnagar.

MOBILE:---9411233400,

7017273644
ANNEXURE P-9 189

INDIA NON JUDICIAL

Government of Uttar Pradesh

Certificate No. : IN-

UP43632642721482U

Certificate Issued Date: 15-

Mar-2022:02:48 PM

Account Reference :

NEWIMPACC

(SV)/up14535304/MUZAFFA

RNAGAR SADAR/UP-MJF

Unique Doc. Reference:

SUBIN-UPUP

1456580478195358827604U

Purchased by: AMIT KUMAR

JAIN S/O PK JAIN R/O NEW

MANDI MZNA
190

Description of Document:

Article 4 Affidavit

Property Description: Not

Applicable

Consideration Price (Rs.):

First Party : AMIT KUMAR

JAIN S/O PK JAIN R/O NEW

MANDI MZN

Second Party : Not

Applicabie

Stamp Duty Paid By : AMIT

KUMAR JAIN S/O PK JAIN

R/O NEW MANDI MZN.

Stamp Duty Amount(Rs.): 10

(Ten only)

……Please write or type below this

line………
191

Before

Honorable Chief Justice Sir

High Court Allahabad.

Complaint application with

evidence regarding the

involvement of the Presiding

Officer of Additional and

District Sessions Judge No-

14, Mr. Sandeep Gupta

posted in the concerned

district Muzaffarnagar.

Affidavit of Amit Kumar Jain

(Advocate)

1. That I solemnly declare

that my name is Amit Kumar

Jain (Advocate) son of Shri

Pradeep Kumar resident of

41, Gherkhatti, Naimandi,


192

Muzaffarnagar MOBILE:--

9411033400, 7017273644.

2. That the case is under

consideration in the court of

A.D.J.-14, Muzaffarnagar,

Sessions Trial No. 592 of

2004, Sarkar Vs. Dharampal

etc. Section 364 IPC and

Sessions Trial No. 932 of

2004, Sarkar Vs Katar

Singh. Sachin Jain, who is

kidnapped in the above

case, is my younger brother.

3. That the said case was

transferred from the Court

of POCSO Court No.-2 to the

Court of A.D.J.-14.

4. That the presiding officer

of the court A.D.J.-14,


193

Sandeep Gupta told me in

the court on 18.02.2022

that we will punish the

accused in the above-

mentioned cases, if the

deponent come to his house

in the evening. On his call, I

went to his house and the

judge told me that the case

is weak, if you give 5 lakh

rupees, then he will punish

the accused in the above-

mentioned cases.

5. That on his demand, Rs 5

lakh was given to him in 4

installments at his

residence. He took the

money from me and gave it

to his wife in front of me.

Judge Sandeep Gupta and


194

his wife talked to me at his

house regarding the case,

whose voice recording is

also safe with me. (Which is

attached with this affidavit

by copying it in pen drive.)

6. That after taking full 5

lakh rupees from me, on

11.03.2022, Sandeep Gupta

judge called me from his

wife's mobile number

8968231511 on my mobile

number 9411033400 at

09:30 pm and called me to

his house. The judge asked

me to come to his residence

at 10:30 pm, whose call

recording is attached

herewith.
195

7. That after this, on

11.03.2022, I had a word

with him via my second Jio

number 7017273644. When I

went to his house, Judge

Sahab Sandeep Gupta and

his wife said that we will

punish 2 out of 4 accused

and not punish the other 2.

Then he said let's punish 3

accused but Kapil cannot be

punished.

8. That I told him if you

want more money, I’ll

arrange and then he said

that the accused Dharampal

and Rohit are giving 6 to 7

lakhs. I said that if you

want some more money, then


196

tell me, I will give it after

making arrangements.

9. That after that on

12.03.2022, I got a call from

the wife of the judge on my

mobile number 7017273644

at 12:44 am and also at

08:41 pm in the evening. On

13.03.2022 at 01:03 pm, he

talked about the judgment of

the whole case and said that

our court's public

prosecutor Amit Tyagi and

the accused's lawyer and

accused are pressurizing

us., by coming to their

residence again and again.

10. That the call recording

of the conversation and


197

other evidence is safe with

me, which is attached with

the affidavit.

11. That after taking the

bribe from me, the accused

made arrangement with the

judge and then with the

intention to put pressure on

me, the judge sahab

Sandeep Gupta called on my

mobile number 9411033400

from the above number on

14.03.2022 at 02:23 pm. He

abused me and to save

himself and to implicate me,

he filed a complaint against

me through his wife. He

wants to send me to jail by

using his position and

implicating me in a false
198

and frivolous case, whereas

there is no truth in the said

case.

12. That the recording of

CCTV footage near the lock-

up in the court premises

and collectorate premises

should have been collected

and taken into

consideration. On

14.03.2022, I did not go to

the judge's residence. If I

had gone to his house as he

alleged in the complaint, he

could have made a video of

me or could have made noise

and called the police at the

same time. But this was not

done by him and under a

conspiracy to save himself,


199

as an afterthought

instituted a false case

against me through his wife.

13. That all audio, video and

voice recording is being

given by me in pendrive

which is recorded by me

from my mobile (Samsung A-

12) which is absolutely

correct.

14. That if the judge and his

wife denies the recordings

and videos available in the

pendrive or contends that

the same is false, then

forensic examination should

be done and the voice

sample of the judge and his

wife should also be sent for


200

forensic examination so that

the truth can be out in

open.

15. That in this regard, I

have sent a complaint via

mail to District Judge,

Muzaffarnagar, Chief Justice

of Supreme Court New Delhi,

Chief Justice High Court

Allahabad and

Administrative Justice

Muzaffarnagar High Court

Allahabad and Registrar

General High Court

Allahabad along with

recordings.

16. That the judge Sandeep

Gupta and his wife are

guilty in this whole case,


201

against whom it is necessary

to investigate and get a case

registered under the

Corruption Act etc. or allow

me to get the case registered

and my 5 lakh rupees should

also be returned to me from

the judge. That I should get

justice from the false

complaint registered against

me by the wife of the judge.

I and my family are facing

threat of life from Judge

Sahab Sandeep Gupta and

his wife and from the

accused in the above case

and from other unknown

persons. Any untoward

incident can happen to me

and my family at any time.


202

17. That the judicial inquiry

of the said case should be

conducted by the judicial

committee and it is

necessary in the interest of

justice to take legal action

and departmental action

against the above presiding

officer and his wife and

justice should be given to

the applicant.

18. That I solemnly declare

that Sections 1 to 17 of the

Affidavit are true and

correct to the best of my

knowledge. Help me God.

MUZAFFAR NAGAR

Deponent

Place:- Muzaffarnagar

Date:15.03.2022
ANNEXURE P-10 203
On stamp Paper

Before

Honorable Chief Justice,

Supreme Court, New Delhi

Complaint application with

evidence regarding the

involvement of the Presiding

Officer of Additional and District

Sessions Judge No-14, Mr.

Sandeep Gupta posted in the

concerned district

Muzaffarnagar.

Affidavit of Amit Kumar Jain

(Advocate)

1. That I solemnly declare that

my name is Amit Kumar Jain

(Advocate) son of Shri Pradeep

Kumar resident of 41,

Gherkhatti, Naimandi,
204
Muzaffarnagar MOBILE:--

9411033400, 7017273644.

2. That the case is under

consideration in the court of

A.D.J.-14, Muzaffarnagar,

Sessions Trial No. 592 of 2004,

Sarkar Vs. Dharampal etc.

Section 364 IPC and Sessions

Trial No. 932 of 2004, Sarkar Vs

Katar Singh. Sachin Jain, who is

kidnapped in the above case, is

my younger brother.

3. That the said case was

transferred from the Court of

POCSO Court No.-2 to the Court

of A.D.J.-14.

4. That the presiding officer of

the court A.D.J.-14, Sandeep

Gupta told me in the court on

18.02.2022 that we will punish


205
the accused in the above-

mentioned cases, if the deponent

come to his house in the

evening. On his call, I went to

his house and the judge told me

that the case is weak, if you give

5 lakh rupees, then he will

punish the accused in the above-

mentioned cases.

5. That on his demand, Rs 5

lakh was given to him in 4

installments at his residence. He

took the money from me and

gave it to his wife in front of me.

Judge Sandeep Gupta and his

wife talked to me at his house

regarding the case, whose voice

recording is also safe with me.

(Which is attached with this

affidavit by copying it in pen

drive.)
206
6. That after taking full 5 lakh

rupees from me, on 11.03.2022,

Sandeep Gupta judge called me

from his wife's mobile number

8968231511 on my mobile

number 9411033400 at 09:30 pm

and called me to his house. The

judge asked me to come to his

residence at 10:30 pm, whose

call recording is attached

herewith.

7. That after this, on

11.03.2022, I had a word with

him via my second Jio number

7017273644. When I went to his

house, Judge Sahab Sandeep

Gupta and his wife said that we

will punish 2 out of 4 accused

and not punish the other 2.

Then he said let's punish 3


207
accused but Kapil cannot be

punished.

8. That I told him if you want

more money, I’ll arrange and

then he said that the accused

Dharampal and Rohit are giving

6 to 7 lakhs. I said that if you

want some more money, then tell

me, I will give it after making

arrangements.

9. That after that on

12.03.2022, I got a call from the

wife of the judge on my mobile

number 7017273644 at 12:44 am

and also at 08:41 pm in the

evening. On 13.03.2022 at 01:03

pm, he talked about the

judgment of the whole case and

said that our court's public

prosecutor Amit Tyagi and the

accused's lawyer and accused


208
are pressurizing us., by coming

to their residence again and

again.

10. That the call recording of

the conversation and other

evidence is safe with me, which

is attached with the affidavit.

11. That after taking the bribe

from me, the accused made

arrangement with the judge and

then with the intention to put

pressure on me, the judge sahab

Sandeep Gupta called on my

mobile number 9411033400 from

the above number on 14.03.2022

at 02:23 pm. He abused me and

to save himself and to implicate

me, he filed a complaint against

me through his wife. He wants to

send me to jail by using his

position and implicating me in a


209
false and frivolous case, whereas

there is no truth in the said

case.

12. That the recording of CCTV

footage near the lock-up in the

court premises and collectorate

premises should have been

collected and taken into

consideration. On 14.03.2022, I

did not go to the judge's

residence. If I had gone to his

house as he alleged in the

complaint, he could have made a

video of me or could have made

noise and called the police at

the same time. But this was not

done by him and under a

conspiracy to save himself, as

an afterthought instituted a

false case against me through

his wife.
210
13. That all audio, video and

voice recording is being given by

me in pendrive which is recorded

by me from my mobile (Samsung

A-12) which is absolutely

correct.

14. That if the judge and his

wife denies the recordings and

videos available in the pendrive

or contends that the same is

false, then forensic examination

should be done and the voice

sample of the judge and his wife

should also be sent for forensic

examination so that the truth

can be out in open.

15. That in this regard, I have

sent a complaint via mail to

District Judge, Muzaffarnagar,

Chief Justice of Supreme Court

New Delhi, Chief Justice High


211
Court Allahabad and

Administrative Justice

Muzaffarnagar High Court

Allahabad and Registrar General

High Court Allahabad along with

recordings.

16. That the judge Sandeep

Gupta and his wife are guilty in

this whole case, against whom it

is necessary to investigate and

get a case registered under the

Corruption Act etc. or allow me

to get the case registered and my

5 lakh rupees should also be

returned to me from the judge.

That I should get justice from

the false complaint registered

against me by the wife of the

judge. I and my family are facing

threat of life from Judge Sahab

Sandeep Gupta and his wife and


212
from the accused in the above

case and from other unknown

persons. Any untoward incident

can happen to me and my family

at any time.

17. That the judicial inquiry of

the said case should be

conducted by the judicial

committee and it is necessary in

the interest of justice to take

legal action and departmental

action against the above

presiding officer and his wife

and justice should be given to

the applicant.

18. That I solemnly declare that


Sections 1 to 17 of the Affidavit
are true and correct to the best
of my knowledge. Help me God.

MUZAFFAR NAGAR

Deponent

Place:- Muzaffarnagar

Date:15.03.2022
213
ANNEXURE P-11

To,

Mr Avnish Kumar Awasthi

Additional Chief Home

Secretary, Lucknow.

Subject- Cr. No.-101, 2022

Section-452387,353,506,507

In relation to the

investigation of police

station civil line

Muzaffarnagar from the

Central Bureau of

Investigation (C.B.I.).

Sir,

It is submitted that in the

court of court ADJ-14,

Muzaffarnagar, Sessions

Trial No. 592 of 2004,

Sarkar Vs. Dharampal etc.


214

Section 364 IPC and

Sessions Trial No. 932 of

2004, Sarkar Vs Katar Singh

is under consideration.

Sachin Jain, who is

kidnapped in the above

case, is my younger brother.

The said case was

transferred from Hon'ble

Court of Posco, Court no.-2

to the Hon'ble Court of ADJ-

14.

In which the presiding

officer Sandeep Gupta told

me in the court on

18.02.2022 that if I come to

his house in the evening, he

will punish the accused in

the above said case. On his

call, I went to his house and


215

the judge told me that the

case is weak, if you give me

5 lakh rupees, then I will

punish the accused. On his

demand, Rs 5 lakh was given

to him by me in 4

installments at his

residence. He took money

from me and gave it to his

wife in front of me. Judge

Sandeep Gupta and his wife

talked to me at his house

regarding the case, whose

voice recording is also safe

with me. (Which is attached

with this application by

copying in CD.) After taking

full 5 lakh rupees from me,

on 11.03.2022, Sandeep

Gupta Judge Sahab called


216

from his wife's mobile

number 8958231511 on my

mobile number 9411033400

at 09:30 PM and called me

to his house. Firstly, I

spoke to the wife of the

judge and then to the Judge

himself who called me to

meet him at his residence at

10:30 in the night, whose

call recording is attached

with it. After this, on

11.03.2022, we had a

conversation when there was

call from number

8963231511 on my another

Jio number 7017273644,

When I went to his house,

Judge Sahab Sandeep Gupta

and his wife said that we


217

will punish 2 out of 4

accused and not the other 2.

Then said let's punish 3 but

we will not be able to punish

Kapil. Thereafter, I told him

that you should have told

me this thing in advance,

then the judge said that the

accused Dharampal and

Rohit are giving me 6 to 7

lakhs. I said that if you

want some more money then

tell me and I’ll make

arrangements. After that, on

12.03.2022, the wife of the

judge called me on my

mobile number 7017273644

at 12:44 pm and 08:41 pm

and on 13.03.2022 at 01:03

pm, in which they discussed


218

about the judgement of the

whole case and said that our

court's public prosecutor

Amit Tyagi and the

accused's lawyers and

accused are pressurizing us,

by coming home again and

again. The call recording of

the conversation and other

evidence is safe with me,

which is attached herewith.

After taking the bribe, the

accused made an agreement

with the judge and to put

pressure on me, the judge

Sahab Sandeep Gupta called

me on my mobile number

9411033400 from the above

number on 14.03.2022 at

2:23 pm and abused and


219

threatened me and in order

to save himself and to

implicate me, he filed a

complaint against me

through his wife and wants

to send me to jail by using

his position in false case.

While there is no truth in

the said complaint. The

recording of CCTV footage

near the lock-up in the

court premises and

collectorate premises should

be collected and taken into

consideration in the said

case. On 14.03.2022 I did

not go to the house of the

judge. If I had gone to his

house as he alleged in the

complaint, he could have


220

made a video of me and

made noise and called the

police at the same time. But

this was not done by him

and to save himself under a

conspiracy, a false case was

instituted against me

through his wife. I am giving

all the audio in CD, voice

recording which is recorded

by me from my mobile

(Samsung A-12) which is

absolutely correct, if the

judge and his wife deny the

recording available in CD or

contends that it is false,

forensic examination should

be done and samples of

voice of Judge and his wife

should also be sent for


221

forensic examination so that

truth come out. In this

regard, I have sent a

complaint letter and mail to

the District Judge Sir

Muzaffarnagar, Chief Justice

of Supreme Court New Delhi,

Chief Justice of High Court

Allahabad and

Administrative Justice

Muzaffarnagar High Court

Allahabad and Registrar

General High Court

Allahabad. Judge Saheb

Sandeep Gupta and his wife

is guilty in this whole case,

against whom it is necessary

to get a case registered after

investigation under the

Corruption Act etc. or I


222

should be given permission

to file a case and my 5 lakh

rupees should also be

returned from the judge and

I should get justice in the

case filed against me by the

wife of the Judge. There is a

danger to life from Sandeep

Gupta and his wife and from

the accused in the above

case and from other

unknown people. Any

untoward incident can

happen to me and my family

at any time. Local Civil

Police is under Judicial

Muzaffarnagar and under

judicial pressure, the local

police officers can

physically, mentally,
223

financially abuse the

applicant in the above false

case and send me to jail.

After sending to jail, the

applicant will not even be

allowed to get bail and will

end the future and career of

the applicant. The family of

the appellant is in extreme

panic due to the above false

case. And the applicant is

being forced to commit

suicide. Therefore, the

appellant is not expected to

get justice as he is under

the case is under the

judicial influence of the

local police. It is necessary

in the interest of justice to

get the above case


224

transferred from the local

police to the Central Bureau

of Investigation (C.B.I.) so

that a fair investigation can

be conducted and the

applicant can get justice.

Therefore, it is most

respectfully prayed that this

Hon’ble Authority may be

pleased to pass an order to

hand over the case to

(C.B.I.) for investigation by

removing the local police

Muzaffarnagar from the

case.

Applicant

Date-- 17/03/2022
225

Amit Kumar Jain (Advocate)

Son Shri Pradeep Kumar

Resident- Gherkhatti,

Naimandi, Muzaffarnagar.

MOBILE:---9411233400,

701727364
ANNEXURE P-12 226

To,

Hon’ble Home Minister,

Ministry of Home Affairs,

New Delhi

Subject- Cr. No.-101, 2022

Section-452387,353,506,507

In relation to the

investigation of police

station civil line

Muzaffarnagar from the

Central Bureau of

Investigation (C.B.I.).

Sir,

It is submitted that in the

court of court ADJ-14,

Muzaffarnagar, Sessions

Trial No. 592 of 2004,

Sarkar Vs. Dharampal etc.


227

Section 364 IPC and

Sessions Trial No. 932 of

2004, Sarkar Vs Katar Singh

is under consideration.

Sachin Jain, who is

kidnapped in the above

case, is my younger brother.

The said case was

transferred from Hon'ble

Court of Posco, Court no.-2

to the Hon'ble Court of ADJ-

14.

In which the presiding

officer Sandeep Gupta told

me in the court on

18.02.2022 that if I come to

his house in the evening, he

will punish the accused in

the above said case. On his

call, I went to his house and


228

the judge told me that the

case is weak, if you give me

5 lakh rupees, then I will

punish the accused. On his

demand, Rs 5 lakh was given

to him by me in 4

installments at his

residence. He took money

from me and gave it to his

wife in front of me. Judge

Sandeep Gupta and his wife

talked to me at his house

regarding the case, whose

voice recording is also safe

with me. (Which is attached

with this application by

copying in CD.) After taking

full 5 lakh rupees from me,

on 11.03.2022, Sandeep

Gupta Judge Sahab called


229

from his wife's mobile

number 8958231511 on my

mobile number 9411033400

at 09:30 PM and called me

to his house. Firstly, I

spoke to the wife of the

judge and then to the Judge

himself who called me to

meet him at his residence at

10:30 in the night, whose

call recording is attached

with it. After this, on

11.03.2022, we had a

conversation when there was

call from number

8963231511 on my another

Jio number 7017273644,

When I went to his house,

Judge Sahab Sandeep Gupta

and his wife said that we


230

will punish 2 out of 4

accused and not the other 2.

Then said let's punish 3 but

we will not be able to punish

Kapil. Thereafter, I told him

that you should have told

me this thing in advance,

then the judge said that the

accused Dharampal and

Rohit are giving me 6 to 7

lakhs. I said that if you

want some more money then

tell me and I’ll make

arrangements. After that, on

12.03.2022, the wife of the

judge called me on my

mobile number 7017273644

at 12:44 pm and 08:41 pm

and on 13.03.2022 at 01:03

pm, in which they discussed


231

about the judgement of the

whole case and said that our

court's public prosecutor

Amit Tyagi and the

accused's lawyers and

accused are pressurizing us,

by coming home again and

again. The call recording of

the conversation and other

evidence is safe with me,

which is attached herewith.

After taking the bribe, the

accused made an agreement

with the judge and to put

pressure on me, the judge

Sahab Sandeep Gupta called

me on my mobile number

9411033400 from the above

number on 14.03.2022 at

2:23 pm and abused and


232

threatened me and in order

to save himself and to

implicate me, he filed a

complaint against me

through his wife and wants

to send me to jail by using

his position in false case.

While there is no truth in

the said complaint. The

recording of CCTV footage

near the lock-up in the

court premises and

collectorate premises should

be collected and taken into

consideration in the said

case. On 14.03.2022 I did

not go to the house of the

judge. If I had gone to his

house as he alleged in the

complaint, he could have


233

made a video of me and

made noise and called the

police at the same time. But

this was not done by him

and to save himself under a

conspiracy, a false case was

instituted against me

through his wife. I am giving

all the audio in CD, voice

recording which is recorded

by me from my mobile

(Samsung A-12) which is

absolutely correct, if the

judge and his wife deny the

recording available in CD or

contends that it is false,

forensic examination should

be done and samples of

voice of Judge and his wife

should also be sent for


234

forensic examination so that

truth come out. In this

regard, I have sent a

complaint letter and mail to

the District Judge Sir

Muzaffarnagar, Chief Justice

of Supreme Court New Delhi,

Chief Justice of High Court

Allahabad and

Administrative Justice

Muzaffarnagar High Court

Allahabad and Registrar

General High Court

Allahabad. Judge Saheb

Sandeep Gupta and his wife

is guilty in this whole case,

against whom it is necessary

to get a case registered after

investigation under the

Corruption Act etc. or I


235

should be given permission

to file a case and my 5 lakh

rupees should also be

returned from the judge and

I should get justice in the

case filed against me by the

wife of the Judge. There is a

danger to life from Sandeep

Gupta and his wife and from

the accused in the above

case and from other

unknown people. Any

untoward incident can

happen to me and my family

at any time. Local Civil

Police is under Judicial

Muzaffarnagar and under

judicial pressure, the local

police officers can

physically, mentally,
236

financially abuse the

applicant in the above false

case and send me to jail.

After sending to jail, the

applicant will not even be

allowed to get bail and will

end the future and career of

the applicant. The family of

the appellant is in extreme

panic due to the above false

case. And the applicant is

being forced to commit

suicide. Therefore, the

appellant is not expected to

get justice as he is under

the case is under the

judicial influence of the

local police. It is necessary

in the interest of justice to

get the above case


237

transferred from the local

police to the Central Bureau

of Investigation (C.B.I.) so

that a fair investigation can

be conducted and the

applicant can get justice.

Therefore, it is most

respectfully prayed that this

Hon’ble Authority may be

pleased to pass an order to

hand over the case to

(C.B.I.) for investigation by

removing the local police

Muzaffarnagar from the

case.

Applicant

Date-- 17/03/2022

Amit Kumar Jain (Advocate)

Son Shri Pradeep Kumar


238

Resident- Gherkhatti,

Naimandi, Muzaffarnagar.

MOBILE:---9411233400,
7017273644
ANNEXURE P-13 239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
IN THE SUPREME COURT OF INDIA
CRIMINAL APPEALLATE JURISDICTION
CRLMP NO. OF 2022
IN
SPECIAL LEAVE PETITION (CRIMINAL) NO. OF 2022
[UNDER ARTICLE 136 OF CONSTITUTION OF INDIA]
IN THE MATTER OF:
Amit Kumar Jain …Petitioner
VERSUS
State of U.P. and Ors. …Respondents

APPLICATION FOR EXEMPTION FROM FILLING

CERTIFIED COPY OF THE IMPUGNED ORDER

TO,
THE HON'BLE CHIEF JUSTICE OF INDIA AND
HIS COMPANION JUSTICES OF THE HON'BLE
SUPREME COURT OF INDIA.
The humble petition of the
Petitioner above-named.

MOST RESPECTFULLY SHOWETH:-

1. That the present Special Leave Petition is being filed under

Article 136 of the Constitution of India for grant of Special

Leave to Appeal against final judgment and order dated

25.04.2022 (hereinafter referred to as “Impugned Order”)


257
passed by the Hon’ble High Court of Judicature at Allahabad

in Criminal Misc. Writ Petition No. 3894 of 2022 (hereinafter

referred to as “Writ Petition”), whereby the Hon’ble Court

dismissed the said writ petition and directed the investigation

to be conducted by the Respondent No. 2, ignoring the

material fact that the allegations raised by the Petitioner are

against the sitting Addl. District Judge of District Muzaffar

Nagar, Uttar Pradesh (hereinafter referred as “Ld. Judge”).

2. That for the sake of brevity the contents of the accompanying

SLP are not being repeated herein, but the contents of the

accompanying SLP may be read as part and parcel of this

Application and the Petitioner crave leave of this Hon’ble

Court to refer and rely on the same as and when this

Application is taken up for hearing.

3. That the Petitioner has filed the true Photocopy of the

impugned order and undertakes to file certified copy of the

same as and when the same be directed by this Hon’ble

Court.
258
4. That this application is made bonafide and in the interest of

justice.

P R A Y E R

It is, therefore, most respectfully prayed that this Hon’ble

Court may graciously be pleased to:-

a. Exempt the petitioner from filing Certified Copy of the

Impugned order; and

b. Pass any other or further order(s) as this Hon’ble Court

may deem fit and proper in the interest of justice.

AND FOR THIS ACT OF KINDNESS THE PETITIONER


AS IN DUTY BOUND SHALL EVER PRAY.

Filed by:

Place:- New Delhi Abhinay


Filed on: 23.05.2022 Advocate for the Petitioner
AOR Code: 3080
Mob: 989927882
Email:sharmabhinay.aor@gmail.com
259
IN THE SUPREME COURT OF INDIA
CRIMINAL APPEALLATE JURISDICTION
CRLMP NO. OF 2022
IN
SPECIAL LEAVE PETITION (CRIMINAL) NO. OF 2022
IN THE MATTER OF:
Amit Kumar Jain …Petitioner
VERSUS
State of U.P. and Ors. …Respondents

APPLICATION FOR EXEMPTION FROM FILLING


OFFICIAL TRANSLATION
TO,
THE HON'BLE CHIEF JUSTICE OF INDIA AND
HIS COMPANION JUSTICES OF THE HON'BLE
SUPREME COURT OF INDIA.
The humble petition of the
Petitioner above-named.

MOST RESPECTFULLY SHOWETH:-

1. That the present Special Leave Petition is being filed under

Article 136 of the Constitution of India for grant of Special

Leave to Appeal against final judgment and order dated

25.04.2022 (hereinafter referred to as “Impugned Order”)

passed by the Hon’ble High Court of Judicature at Allahabad


260
in Criminal Misc. Writ Petition No. 3894 of 2022 (hereinafter

referred to as “Writ Petition”), whereby the Hon’ble Court

dismissed the said writ petition and directed the investigation

to be conducted by the Respondent No. 2, ignoring the

material fact that the allegations raised by the Petitioner are

against the sitting Addl. District Judge of District Muzaffar

Nagar, Uttar Pradesh (hereinafter referred as “Ld. Judge”).

2. That for the sake of brevity the contents of the accompanying

SLP are not being repeated herein, but the contents of the

accompanying SLP may be read as part and parcel of this

Application and the Petitioner crave leave of this Hon’ble

Court to refer and rely on the same as and when this

Application is taken up for hearing.

3. That the Annexure No. P-1 to P-12 annexed with the

accompanying SLP were in Hindi vernacular language and

due to urgency the same could not be translated by the

Official Translator. However, the same have been translated

by a person well conversant with both the languages, hence

this application.

4. That the present application is made in the interest of justice.


261
P R A Y E R

It is, therefore, most respectfully prayed that this Hon’ble


Court may graciously be pleased to:-
(a) exempt the petitioner from filing official translation
of Annexure P-1 to P-12 and accept the
translation filed herein; and
(b) Pass any other order or orders may also be passed
which this Hon’ble Court deems fit and proper in the
circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE PETITIONERS AS IN


DUTY BOUND SHALL EVER PRAY.

Filed by:

Place:- New Delhi Abhinay


Filed on: 23.05.2022 Advocate for the Petitioner
AOR Code: 3080
Mob: 989927882
Email:sharmabhinay.aor@gmail.com
262 262
430

Abhinay Sharma
Advocate for the
Petitioner

23.05.2022
Filed On: 21.12.2021
Place: New Delhi
263
IN THE SUPREME COURT OF INDIA
CRIMINAL APPEALLATE JURISDICTION
SPECIAL LEAVE PETITION (CRIMINAL) NO. OF 2022
[UNDER ARTICLE 136 OF CONSTITUTION OF INDIA]

IN THE MATTER OF:


Amit Kumar Jain …Petitioner
VERSUS
State of U.P. and Ors. …Respondents
INDEX OF FILING
S.NO. PARTICULARS COPIES COURT
FEES
1. SLP 1 -

Total -

Filed on: 23.05.2022


Abhinay
Advocate for the Petitioner
AOR Code: 3080
Mob: 989927882
Email:sharmabhinay.aor@gmail.com
IN THE SUPREME COURT OF INDIA264
CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CRIMINAL) NO. OF 2022

Amit Kumar Jain .. Petitioner


VERSUS
State of U.P. and ODrs.
..Respondents

VAKALATNAMA
I, Sh. Amit Kumar Jain S/o Sh. Pradeep Kumar Jain Petitioner in the above
Petition do hereby appoint and retain Mr.
Abhinay
Sharma, Advocate Supreme
Court of India to act and appear for me in the above Petition and on my behalf to
conduct and prosecute (or defend) or withdraw the same and all proceedings that
may be taken in respect of any application connected with the same or any decree
or order passed therein, including proceedings in taxation and application for
Review, to file and obtain return of documents and to deposit and receive money
on my behalf in the said Petition and in application for Review and to represent me
and to take all necessary steps on my behalf in the above matter.
agree to ratify
all acts done by the aforesaid Advocate in
pursuance of this Authority.
Dated this 18th
* * * * . . . day of May
***''**''********** 2022

ACCEPTED

Mr. Abhinay Sharma.


|Advocatee
PETITIONER
MEMO OF APPEARANCE
h To
The Registrar,
Supreme Court of India,
New Delhi.
Sir,
Please enter my appearance on behalf of the Petitioner in the matter above
mentioned Dated this . . 18th May
d a y of .... s 2022.

Yours faithfully,
h

DATED: 18.05.2022 (Mr. Abhinay Sharma)

The address for service of the said Advocate is


H-29, First Floor, Jangpura Extension
New Delhi-14
abhinay@taslaw.in; sharmabhinay.aor@gmail.com

72 2 2
NCT OF DELHI COURT FEE NGT OF DELHI COURT FEE NCT OF OELHI COURT FEE
05MAY.20
AY-2022 DLCTO527401E22530 DLCTO5274 10E22530
05-MAY-2022 05-MAY-2022

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