| Justice P N Sinha ruled that the criminal case could continue in the lower courts. |
| After considering the complaint filed in the lower court and evidence on record as well as the interim order of the magistrate, the court was of the view that there was no reason to interfere in the matter and to stay the proceeding pending in the lower court at this stage. |
| The judge further observed, "No prima facie case was made out by the applicant in the instant revisional petition for which the application can be entertained." |
| N G Khaitan, solicitor for the Birla family, said in the criminal complaint, a case had been made out against Lodha and his three accomplices on grounds of criminal conspiracy, breach of trust and cheating. |
| The petition for quashing the criminal proceedings was filed by S N Prasad, one of Lodha's associates. |
| The criminal case against Lodha, Prasad, V Gaurishankar and S K Daga, had been lodged by R P Pansari, in his various capacities with institutions and trusts of the M P Birla group. |
| He said the trusts were created in 1988 to vest all wealth with charity and accused Lodha of dissolving five trusts that MP Birla and Priyamvada had created in 1988 to vest all their wealth for charity. |
| It was alleged that Lodha misappropriated property of public charitable institutions with the intention of converting the property for personal use. |
| With the dismissal of the petition, Lodhas will be left with two options "" to go for an appeal in the Supreme Court or to let the proceedings in the lower court proceed. |
| A press release issued by Fox & Mandal, solicitor for Lodhas, said, "Fox & Mandal is fully confident of success in the case which comprises absurd and improbable statements, full of holes and is preposterous." |
| Fox & Mandal would decide on filing an appeal once the order is received. |
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