IN THE SUPREME COURT OF INDIA

CRIMINAL APPEALLATE JURISDICTION

CRL.MISC NO.________OF 2022
IN
SPECIAL LEAVE PETITION (CRIMINAL) NO. 5482 OF 2022

IN THE MATTER OF:

Amit Kumar Jain ...Petitioner

Versus
State of U.P and Ors. …Respondent

APPLICATION FOR PERMISSION TO FILE ADDITIONAL

DOCUMENTS

With

APPLICATION FOR PERMISSION TO FILE EXEMPTION FROM

FILING NOTARIZED AFFIDAVIT

PAPER BOOK
(FOR INDEX KINDLY SEE INSIDE)

ADVOCATE FOR THE PETITIONER: ABHINAY SHARMA

 RECORD OF PROCEEDINGS

SR.NO RECORD OF PROCEEDINGS 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

INDEX
S.NO PARTICULARS PAGE NO.
1. Crl. Misc No. of 2020
Application for permission to file additional
documents along with affidavit
2. Annexure -
A true copy of the Court Order Dated
18.05.2020 passed by this Hon’ble Court
3. Annexure -
A true copy of the Court Order Dated
13.08.2021 passed by this Hon’ble Court
4. Annexure
A true copy of the email dated 14.03.2022
by Pradeep Kumar Jain to Hon’ble District
Judge, Muzaffarnagar vide this email Mr.
Pradeep Kumar Jain is seeking transfer of
case from session trial court to another
court.
5. Annexure -
A true copy of the Notice issued under
Section 160 Code of Criminal
Procedure,1973 by the inspector in charge
of station civil lines Muzaffarnagar for the
Attendance of Witness and submission of
relevant documents in the matter bearing
FIR No. 101/2022
Dated 01.04.2022
6. Annexure
A true Copy of the reply filed by the
Petitioner in response to the notice issued
under Section 160 of the Code of Criminal
Procedure, 1973 dated 01.04.2022
Dated 04.04.2022
7. Annexure -
A true copy of the Notice issued by the
Special Officer of Vigilance to the Petitioner
for appearance and recording of the
statement in the matter bearing FIR No.
101/2022
Dated 05.05.2022
8. Annexure
 A true copy of the Notice issued under
Section 91 Code of Criminal
Procedure,1973 summons to Petitioner to
produce the document or other things.
Dated 24.05.2022
9. Annexure
A true Copy of the Reply filed by the
Petitioner in relation to the Notice under
Section 91 of Code of Criminal
Procedure,1973
Dated 03.06.2022
10. Annexure
A true Copy of the transfer list of
Additional District and Sessions Judge
Dated: 20.06.2022
 IN THE SUPREME COURT OF INDIA
CRIMINAL APPEALLATE JURISDICTION
CRL.M.P NO.________OF 2022
IN
SPECIAL LEAVE PETITION (CRIMINAL) NO.5482 OF 2022

IN THE MATTER OF:

Amit Kumar Jain ...Petitioner

Versus
State of U.P and Ors. …Respondent

APPLICATION FOR PERMISSION TO FILE ADDITIONAL

DOCUMENTS

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 Special Leave Petition (Criminal) 5482/2022 is

filed under Article 136 of the Constitution of India for grant

of special leave to appeal assailing the legality and validity of

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

while ignoring the material fact that the Petitioner seeking

independent enquiry into allegations raised by the

Petitioner against the Ld. Judge and further seeking

protection from the malicious proceedings being conducted

against the Petitioner on behest of the Ld. Judge.

2. That the detailed facts and circumstances pertaining to the

instant case have been set out in the Special Leave Petition

and as such are not being repeated herein for the sake of

brevity. The Petitioner craves liberty of this Hon’ble Court to

refer and rely upon the same as and when the present

Application is taken up for hearing.

3. It is respectfully submitted that the following additional

documents which are necessary to bring on record for

proper adjudication of the pending matter Special Leave

Petition (Criminal) 5482/2022 in the Hon’ble Supreme

Court of India. The details of the following

documents/annexures are as under:

a) Order Dated passed by this Hon’ble court stating the

Petitioner is also permitted to serve notice upon the

standing counsel for the State of U.P.

A true copy of the Court’s Order Dated 18.05.2020

passed by this Hon’ble Court is annexed herewith and

marked as Annexure__

b) Order dated 13.08.2021 passed by this Hon’ble Court

stating that the trial to be completed expeditiously, not

later than six months from the date of Order.

A true copy of this Hon’ble Court Order Dated

13.08.2021 is annexed herewith and marked as

Annexure_

c) Through an email dated 14.03.2022, Petitioner's father,

Pradeep Kumar Jain, sent an urgent application to the

Honourable District Judge Muzaffarnagar seeking the

transfer of case from session trial court to another court

for proper adjudication of the matter. Via email Mr

Pradeep Kumar Jain submits that his son, (herein

 “Petitioner”) has been implicated on the basis of false

charges, details of the matter has already been

submitted to the Hon’ble Supreme court vide SLP (Crl)

5482/2022

A true copy of the email dated 14.03.2022 by the

Pradeep Kumar Jain , father of Amit Kumar Jain to

Hon’ble District Judge, Muzaffarnagar is annexed

herewith and marked as Annexure_

d) A notice has been issued to the Petitioner under Section

160 of Code of Criminal Procedure, 1973 by the

Inspector In-charge of thana Civil lines Muzaffarnagar to

mark his appearance with in the 3 days of the receipt of

this notice for recording his statement and submission

of the relevant documents regarding the alleged incident.

A true copy of the Notice dated 01.04.2022 issued under

Section 160 of the Code of Criminal Procedure, 1973 by

the inspector in charge of station civil lines

Muzaffarnagar for the Attendance of a Petitioner and

submission of relevant documents is annexed herewith

and marked as Annexure__

e) Petitioner has filled the Reply in response to a Notice

dated 01.04.2022 pasted at the residence of Petitioner

under Section 160 of Code of Criminal Procedure,1973

issued by an inspector in charge of police station civil

lines Muzaffarnagar. Petitioner requested to file the pen

drive and a video clip as it is substantial evidence in the

ongoing matter and requested to transfer the matter to

another district for the fair adjudication of a matter.

A true Copy of the reply dated 04.04.2020 filed by the

Petitioner in response to the notice issued under

Section 160 of the Code of Criminal Procedure, 1973 is

annexed herewith and marked as Annexure

f) Notice has been issued by the Special Vigilance Officer

to the petitioner for recording the statement in the

present matter, Vigilance Bureau, Allahabad, is

investigating the issue at hand as per the Order of High

Court of Allahabad, and the Petitioner's statement is

required as part of that investigation. Therefore, the

petitioner was required to present before the special

vigilance officer on 09.05.2022 at 3:00 P.M in the

District Court Muzaffarnagar.

 A true copy of the Notice dated 05.05.2022 issued by

the Special Officer of Vigilance to the Petitioner for

appearance and recording of the statement is annexed

herewith and marked as Annexure___

Subsequent facts after filing of the Captioned Special Leave

Petition (Criminal) 5482/2022 Dated 23.05.2022

The Special Leave Petition (Criminal) 5482/2022 is filed under

Article 136 of the Constitution of India for grant of special leave

to appeal assailing the legality and validity of 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

g) Notice under section 91 Code of Criminal

Procedure,1973 was issued to the petitioner in relation

to the FIR 101/2022 for giving the possession of the

mobile phone of the Petitioner within the 3 days of the

receipt of this notice.

A true copy of the Notice dated 12.05.2022 issued under

Section 91 Code of Criminal Procedure,1973 summons to

 Petitioner to produce the document or other things is

annexed herewith and marked as Annexure__

h) Reply has been filed by the Petitioner against the notice

dated 12.05.2022 issued by the inspector in charge of

thana civil lines Muzaffarnagar for the submission of

mobile phone of the petitioner within the 3 days of the

receipt of notice. Through the reply petitioner submits

that the matter is pending in consideration before the

Hon’ble Supreme Court of India vide Special Leave

Petition bearing number SLP (Crl) 5482 of 2022. The

petitioner is purposefully refusing to cooperate with the

inquiry under the FIR bearing No. 101/2022 dated

14.03.2022 as a petitioner believes that the evidence

would get tainted because of an involvement of the

influential and powerful people in the ongoing matter.

Petitioner has already filled an affidavit under Section

65B of Evidence Act, 1872 along with the pen drive in

the Thane, civil lines Muzaffarnagar containing the voice

recordings of Petitioner, Respondent and Sh. Sandeep

Gupta, which itself makes the voice recording as

primary evidence through plethora of judgements passed

 by the Hon’ble Supreme Court. It is pertinent to mention

that the vigilance inquiry is already going on in the

concerned matter and there is a high possibility of

tempering the evidence, as this is the original and the

most crucial evidence to prove the corrupt practices of

Sh. Sandeep Gupta. In the view of the above facts and

circumstances Petitioner requested to take into

Consideration the pen drive previously submitted by him

along with the letter dated 01.04.2022.

A True Copy of the reply Dated 03.06.2022 filed by the

Petitioner against the notice dated 14.03.2022 issued

under Section 91 Code of Criminal Procedure, 1973 is

annexed herewith and marked as Annexure__

i) The transfer list for Additional and Sessions judges was

released on 20.06.2022, by the Hight Court of Allahabad

but A.D.J. Mr. Sandeep Gupta, the main culprit in the

present case, was not transferred despite the petitioner's

submission of numerous crucial evidences against judge

in the present matter.

 A true Copy of the transfer list of Additional District and

Sessions Judge dated 20.06.2022 is marked and

annexed hereto as Annexure

4. In view of the above facts, it would be in the interest of

justice to allow the instant application and permit the

Petitioner to place on record the abovementioned additional

documents as Annexures.

PRAYER

In the facts and circumstances of the case, this Hon’ble

Court may be pleased to:

a) Permit the Petitioner to bring on record the additional

Documents i.e., Annexure 1___________, and

b) pass such order or orders as this Hon’ble Court may deem

fit 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:
Place: - New Delhi Advocates of Petitioner
Drawn on: Abhinay Sharma
Filed on: AOR Code:
Mob:
Email:
 IN THE SUPREME COURT OF INDIA
CRIMINAL APPEALLATE JURISDICTION
CRL.MISC NO.________OF 2022
IN
SPECIAL LEAVE PETITION (CRIMINAL) NO. 5482 OF 2022
IN THE MATTER OF:
Amit Kumar Jain ...Petitioner
Versus
State of U.P and Ors. …Respondent
AFFIDAVIT
I, Sh. Amit Kumar Jain S/o Sh. Pradeep Kumar Jain, aged 42,

R/o H.No. 41, Gherkhatti, Nai Mandi, Distt. Muzaffar Nagar,

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

solemnly affirm and declare that:

1. I am the Petitioner in the above captioned Special Leave

Petition and as such I am well conversant with the facts and

circumstances of the present case.

2. That the contents stated in the accompanying applications are

drafted under my instructions and I state that the contents

stated therein are true and correct to the best of my

knowledge and belief and nothing material has been

concealed therefrom.

3. That the annexures are true copy of the respective originals.

 Deponent
VERIFICATION

Verified at _____________ on this 9th of ___________ 2022 that

the contents of Para 1 to 3 of this affidavit are true and

correct copies to my knowledge and belief. No part of it is false

and nothing material has been concealed therefrom.

Deponent