C.KONDAIAH, SRIRAMULU
Mir Barkat Ali Khan – Appellant
Versus
Syed Shujauddin Ahmed – Respondent
( 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 t
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