The Hindu Business Line : Lodha moves SC against initiation of criminal cases

MR Rajendra S. Lodha on Friday moved the Supreme Court challenging an order of the Calcutta High Court rejecting his petition seeking quashing of criminal proceedings against him and three others.

Criminal proceedings were initiated in a lower court on October 5, 2004 by Mr Rajinder Prasad Pansari, a close associate of the Birlas, against Mr Lodha, Mr S.N. Prasad, Dr V. Gaurishankar, and Mr S.K. Daga.

The criminal complaint was filed before the court of the sub-divisional judicial magistrate alleging that a fraud was committed by them on Priyamvada Birla, who, by a purported will, had bequeathed the entire assets of M.P. Birla group to Mr Lodha.

By a July 1 order, the High Court dismissed Mr Lodha's petition seeking to quash the criminal proceedings. The SLP is directed against this judgment.

The SLP stated that it was apparent that the complainant, Mr Pansari, was set up apparently as "pressure tactics" and the case sought to be made was that Mr Lodha had induced Priyamvada Birla to revoke those trusts before the making of her last will dated April 18, 1999.

It also said that the allegations on their face raised purely civil disputes, some of which would clearly arise in the probate proceeding.

It alleged that the "Birlas are attempting to misuse the criminal process and using it as a pressure tactic."

The SLP submitted that the High Court had held that the criminal court could proceed with the present case completely overlooking the fact that one of the vital issues impinged on the allegation of cheating that would overlap the proof of will in probate proceedings.

It said that the criminal complaint was wholly malafide and deserved to be quashed.

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