MIR BARKAT ALI KHAN Vs. SYED SHUJAUDDIN AHMED

JUDGEMENT

(1.) This application by the petitioner under section 561-A of the Code of Criminal procedure is to quash the proceedings in C. C. No. 2061 of 1972 on the file of the Vlth City Magistrate, City Criminal Court Hyderabad, against him for the alleged offences punishable under sections 403 and 409 of the Indian Penal Code.

(2.) The material facts as per the prosecution case, leading upto this application may briefly be stated : Late Sardar Begum window of Nawab Mir Mahaboob Ali Khan, Nizam VI of Hyderabad had entrusted her jewellary (kept in a sealed box) worth about Rs. 15 crores to Nawab Mir Osman Ali Khan Bahadur, Nizam VII of Hyderabad very soon after police action for safe-custody at her plact Devdi Shadi Khana in the presence of Bahabood AH Khan and Karamath Ashraf. Nizam VII took away the jewellary box with him to preserve the same in tact in the King Kothi palace. Sardar Begum died issueless on August 11, 1950 leaving behind her properties, movable and immovable, worth rupees sixty crores, The entrustment of the jewellary box to Nizam VII is referred to in the will of Sardar Begum dated 22nd May, 1950. Zainab Begum, the elder sister of Sardar Begum who succeeded to the estate of late Sardar Begum, died on February 8, 1956 leaving behind her son Nawab Mir Bahabood and daughter Nazini Begum, who succeeded to her estate. The complainant is the son of Nazini Begum. In the year 1957 the maternal uncle and the mother of the complainant requested the then Nizam to release the properties including the jewellary box of Sardar Begum He told them that he got no such property and they can redress their grievance, if any by approaching a Civil Court. Thereafter, they approached the Government of India to grant permission under Section 87-B of the Code of Civil Procedure to sue the then Nizam in a Civil Court for the recovery of the properties of Sardar Begum to which they have succeeded through their mother, The Government of India, in the year 1966, refused to accord sanction to sue the then Nizam, The Writ Petition 290 of 1966 filed by them was resisted by the then Nizam who died on February, 24. 1967. The present accused succeeded to all the private properties, movable, and immovable, held by the then Nizam by virtue of a certificate issued by the Government of India on February, 27, 1967 under clause 22 of article 366 of the Constitution of India recognising him as the ruler of Hyderabad to succeed his grand-father with effect from February 24, 1967. In the writ petition, the present accused was brought on record as one of the legal representatives of late Nizam. In the counters filed on behalf of the then Nizam the entrustment of any jewellary by Sardar Begum was denied in addition to the other points raised therein. The writ petition was dismissed on the ground of lack of fresh sanction. After the disposal of the Writ Appeals 101 and 102 of 1967, the further request made by the uncle and mother of the complainant to the Government of India to reconsider the grant of sanction to sue the accused was refused. They again preferred a Writ Petition 721 of 1968 on February, 12, 1968 against the Government of India and the petitioner herein for the issuance of a writ of mandamus directing the Government of india to accord immediate sanction to them to sue the petitioner accused in a competent Civil Court. The petitioner accused had filed his counter on March 12, 1968 denying, the right of the daughters of late Mahbbob Ali Khan died on March 18, 1968.

(3.) Nazini Begum (Mother of the compaintant) and the son and daughters of late Mahaboob Ali Khan filed a regular suit Original suit No. 116 of 1970 on September 26, 1970 on the file of the court of the Additional Chief Judge Hyderabad, for appointing a commissioner to partition the suit properties and to allot the shares of the plaintiffs, for delivpry of possession of the entire share of the plaintiffs, movables, jewellary and immovable properties, to which they are entitled and to direct the defendants 1 and 2 to furnish account of profits from the suit properties. Admitttedly the jewellary of late Sardar Begum, was one of the items of the subject matter of the suit. On September 12, 1971 Nazini Begum died; The complainant was brought on record as one of the legal representatives of Nazini Begum in Original Suit 116 of 1970 in January, 1972. The writ petition 72' of 1968 was dismissed in January, 1972 with a direction to ttie Civil Court to decide all the questions involved in the writ.