ORDER

Sinha, J. - This is an application for transfer of a criminal case. On a complaint made by one Jiwan Lal, a case under S. 323, Penal Code, was started against Bhajan Lal, his uncle, Neksa Ram, his mother, Mst. Har Piari and his aunt, also named Har Piari. The charge against them was that, while the two ladies held him by force, the two male accused beat him. The complaint was moved before the Sub-Divisional Magistrate of Atrauli and the case was transferred, thereafter, to the Court of Khan Bahadur Sheikh Mohammad Yunnus, an Honorary Magistrate. Evidence under S. 202, Criminal P.C. was recorded on 4th December 1945, and summonses were issued returnable on 17th December 1945. The case was taken up on the latter date, but, although the summonses had not returned after due service, Bhajan Lal and Neksa Ram, according to the affidavit of the former, were present in Court. They were directed to appear on 2nd January 1946. The order passed on this date is in these terms :

Case taken up. The complainant present. The accused absent :

Ordered, Let non-bailable warrants issue for the accused for their appearance on 2nd January 1946. ...

2. On 22nd January 1946, an application was presented