NAWAB MIR BARKAT ALL KHAN BAHADUR SUCCESSOR TO NAWAB MIR OSMAN ALI KHAN BAHADUR NIZAM OF HYDERABAD Vs. AZIZ ALI

JUDGEMENT

(1.) ORDER :Since these two petitions arise out of the same proceedings, they are being disposed of by a common order.

(2.) Criminal Petition No. 1083 of 2000 is filed by A2 and Criminal Petition No. 1008 of 2001 is filed by A1, A3 to A6 in CC No.86 of 2000 on the file of the Court of the XVII Metropolitan Magistrate, Hyderabad.

(3.) 1st respondent filed a private complaint against the petitioners for offences under Sections 406 and 420 IPC, alleging that he served in the erstwhile Nizam Army as Guard in Mysaram Regiment and became a close confident of HEH the VII Nizam and so a close relative of the Nizam was given in marriage to him. At the time of his marriage with a relative of HEH the Nizam, the Nizam gifted many gold ornaments to his wife, and in pursuance of the promise to look after him and his wife the-the Nizam provided all facilities that would normally be extended to the heirs of the royal family, by issuing Firmans, which were published in Shiraz Daily Bulletin published from the Office of the HEH the Nizam. Subsequently HEH the VIII Nizam created a Khanajada Trust for the welfare of the people who are loyal to him and who served him as soldiers, wherein he [petitioner] was placed as Khanajada No.1. The gold ornaments and other jewellery presented to him and his wife were preserved and kept in safe custody in a separate Black Box. Finnan dated 15-7-1953 also shows that ornaments have been preserved and kept in safe custody in a separate Black Box. After the death of HEH the VII Nizam, he made requests and representations to the successors of the Nizam to return the above said ornaments. Petitioner in Criminal Petition No. 1083 of 2000 having admitted the custody of the jewellery, and having promised to return the ornaments, went on postponing the return of the jewellery on one pretext or the other, and is trying to sell away the 'same'. Representations made to the Nizam Trust to provide facilities which were extended by the HEH the VII Nizam to him, fell to deaf-ear and no such facilitates are being extended to him, and so petitioners are liable to be punished under Sections 406 and 420 IPC. The learned Magistrate, after recording the sworn statement of the 1st respondent, took the complaint on file under Sections 406 and 420 IPC and issued process to the petitioners. Hence these petition to quash the complaint on the ground that the averments therein do not disclose the offences alleged.