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21. The other offences alleged against the petitioners are under Sections 466, 467 and 471 I.P.C. Section 466 I.P.C provides the punishment for committing forgery of court records, public registers etc. Section 467 I.P.C provides the punishment for committing forgery of valuable securities, will etc. Section 471 I.P.C provides that whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record.

22. One of the allegations in the complaint is that the first petitioner executed and registered a settlement deed in favour of the second petitioner, gifting her the property in question and therefore, he has committed the offence of forgery punishable under Sections 467 and 471 I.P.C.

23. Section 463 I.P.C defines forgery and Section 464 I.P.C deals with making a false document. Section 463 provides that whoever makes any false document or false electronic record or part of a document or electronic record with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. In order to constitute forgery, the first essential condition is that the accused should have made a false document. The false document must be made with an intent to cause damage or injury to the public or to any class of public or to any community. The definition of the offence of forgery declares the offence to be completed when a false document or false part of a document is made with specified intention. In a case of forgery, the questions are: (i) is the document false (ii) is it made by the accused and (iii) is it made with an intent to defraud. Every forgery postulates a false document either in whole or in part, however, small.

32. In the aforesaid circumstances, the allegations/ averments in the complaint do not spell out the ingredients of the offence of forgery punishable under Sections 466, 467 and 471 I.P.C against the petitioners.

33. In this context it is also pertinent to note that some of the other members of the family of the complainant have instituted a suit as O.S.No.148/2013 in the Munsiff's Court, Pala against the petitioners and two other persons seeking certain reliefs in respect of the property involved in the present case. In that suit, a decree of declaration is sought that the property is a trust property and a decree of recovery of possession of the property is also sought. There is also a relief sought in that suit for settlement of a scheme for administration of the property.