SC likely to hear soon appeal challenging proceedings against CII president Kirloskar

The Supreme Court is likely to hear soon an appeal challenging the criminal proceedings initiated against CII president Vikram Kirloskar and others by a Karnataka trial court in an alleged land grabbing case. A division bench of justices Indu Malhotra and R Subhash Reddy, who had earlier stayed the proceedings, in September issued notice to complainant Sri Muniyappa, who is based in Bengaluru.

The appeal has been filed by Kirloskar and others against the Karnataka High Court's July 3 order which had upheld a trial court's decision of issuing summons to them while taking cognisance of the complaint. The trial court in 2016 after going through the detailed police report concluded that there was no case made out against Kirloskar for cheating, forgery, using forged documents, conspiracy or criminal intimidation.

However, the magistrate noted that there was prima facie material against Kirloskar and others to book them under various sections of the Indian Penal Code (IPC) for unlawful assembly, possessing deadly weapons, rioting, criminal trespassing, damaging property and causing hurt by dangerous weapons. The high court held that the trial court judge has assigned proper reasons to take cognisance of the offence.

The petitioners in the apex court have challenged the high court order and sought quashing of the case . Muniyappa had filed a private complaint against the six accused persons on the allegation that a property comprised in Survey No.71, Chalti No.40, measuring 10 acres 39 guntas was originally owned by his great grandfathers Honna and Nanja.

The said lands were granted to them by the government as they belonged to Scheduled Caste-Adi Karnataka (Balagai caste). They did not encumber the said property during their life time.

However, the respondent/complainant came to know that the revenue records of these properties were mutated in the name of the directors of Kirloskar Systems Limited. In the complaint, it was stated that the accused persons in active collusion with others have created documents as "the land bearing survey No.71 is created as land bearing survey No.53/1 etc." and got changed their names in all revenue records.

The complaint was referred for investigation and the court was of the opinion that there was prima facie material to take cognisance and to proceed against the petitioners.

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