JUDGEMENT
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(1.) Leave granted.
(2.) We have heard the learned counsels for the parties.
(3.) The challenge in the present appeal is against the order of the High Court
dated 11th December, 2015 refusing to quash
the criminal proceedings against the
appellant who was arrayed as accused No.8
in a private complaint filed by the
respondent No.2 herein. The said complaint
was lodged against 27 accused persons
alleging offence punishable under Section
114, 119, 120B, 167, 218, 420, 464, 465, 468, 470, 471 of the Indian Penal Code, 1860 as well as offence punishable under Section 9, 13(1)(b)(d) and 13(2) of the
Prevention of Corruption Act, 1988. The
allegations in the complaint pertained to
the use of the land granted by the
Government for purposes other than the
terms of the grant. Insofar as the present
appellant (accused No.8) is concerned, the
specific allegations are contained in
paragraph 16 of the Complaint Petition,
which is extracted below:
"16. It is further submitted that the accused No.1 and 2 manipulated the Kannada version grant order into English Translated copy by inserting "EDUCATION" in the grant conditions to obtain land use certificate for education from accused No.8 and accused No.8 without even looking into the original grant and the manipulations by accused No.1 and 2 issued certificate to use the belonging to Sri Ramalingeshwara Swamy Temple Trust for education and to run school by accused No.1 and 2 vide LND.S.CR.1246/07-08 dtd. 19.11.2007. Copy of the same is produced and marked as Document No.15. Copy of the Kannada to English translation of land grant conditions in document No.2, 3 and 4 and 6 is produced herewith as Document No.16." ;
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