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34. Section 467 (in so far as it is relevant to this case) provides that whoever forges a document which purports to be a valuable security, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

35. Section 468 IPC, as defined in the Code reads as, "Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."

42. After this inquiry report Annexure-A/5 dated 22.08.2017, on 20.04.2018 almost after more than eight months of the dispute between the parties, Pratik Jain filed a complaint in writing before the police and police registered FIR and has filed charge sheet. In investigation, no document alleged to be so-called NOC issued by the Mines Department has been seized neither any photocopy nor certified copy of such document is on record. Section 467 of IPC provides that whoever forges a document which purports to be a valuable security, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Section 468 of IPC provides that whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

43. In the case on hand, document alleged to be forged is not in existence while the condition precedent for an offence under Sections 467 & 468 of IPC is forgery and intending to forged document for the purpose of cheating. In this case, no forged document has been seized therefore, the question of forging a document and using the same for forgery does not arise.

44. In this case, there is no prima facie proof that any false or forged document has been made. Therefore, it is apparent that in absence of any such document, the petitioner in no way be connected with the forging of such document and it cannot be said that he forged any document. When document itself is not in existence, there is no forgery. If there is no forgery, then neither Section 467 nor Section 468 of IPC are attracted.