- (1.) THE prayer of the petitioner is to quash the First Information Report giving rise to registration of case crime No. 376 of 1977 under Section 3 (1) of the U. P. Gangster and Ami Social Activities Act, 1986 Police Station Moham-madabad, district Farrukhabad. THE moot ground formulated in this writ petition and as pressed before us was that even though the petitioner happens to be an active worker of the Samajwadi Party, he has been implicated at the instance of his po litical opponent belonging to the Ruling Bhartiya Janta party.
(2.) ON 15-1-98 the following order was passed by us: "as requested by the learned counsel for the petitioner put up this writ petition on Wednesday next dated 21-1-98 to enable him to file a supplementary affidavit enclosing the documents showing primary membership of the political parties, with which, he is claiming his affiliation," Pursuant to the aforementioned or der the petitioner filed a supplementary affidavit bringing on record Xerox copy of the receipt (Annexure-1 to the supplemen tary affidavit) Form No. 30173 of 17th July, 1996 said to have been issued by one Saral Dubey 'adhyaksh, Zila Karyakami under his signature as well as under the signature of Sri Mulayam Singh Yadav, 'rashtriya Adhyaksh Samajwadi Party' On a bare looking to the document we became suspicious because out of the five words Saral the words "sa. La. Du. " bear repeti tions. Even the flow of the writing of the two alleged signatures appeared to be not natural. Accordingly we had proceeded to pass the following order on 9-2-98: "the petitioner files a supplementary affi davit put up tomorrow so. that Sri Tripathi, learned A. G. A. could ascertain the signatures of Sri Mulayam Singh Yadav fded in support of his claim that he is a primary member of the Samajwadi Party. " Sri Tripathi, learned A. G. A pro duced before us a document containing the signature of Sri Mulayam Singh Yadav, the then Chief Minister of this State dated 21-10-1994. The document produced before us has been sent to him through Fax No. 623481 from the Special Secretary of the Government of Uttar Pradesh on a Government paper. Thus, there is no doubt that the document produced before us by Sri Tripathi, learned A. G. A. bears the signature of Sri Mulayam Singh Yadav, the then Chief Minister of this State which is at variance with the signature appearing in Annexure-1 to the supplementary affi davit filed by the petitioner.
(3.) WE have thus, no hesitation in holding that Annexure-1 to the supple mentary affidavit is a forged and fictitious document. No relief can be granted to the petitioner, who has come up to obtain a Rule from this Court on the basis of forged and fictitious document. For the aforementioned reasons, this writ petition is dismissed.;