V.D. Bhargava, J. - (1.) THIS is an application Under Section 561A of the Code of Criminal Procedure for either the transfer of the case or quashing the proceedings.
(2.) THE facts of the case are that the two applicants are father and son, applicant No. 1 being the father. There is a case pending against them Under Section 420 in the court of Sri Chaudhari Ram Harsh Chandra Sahib, Honorary Magistrate 1st Class of Gorakhpur. The opposite party is Suraj Prakash Agarwal and it is alleged in the complaint that he wanted to marry his sister to applicant No. 2. That marriage was settled and in pursuance of the settlement of that marriage a sum of Rs. 1400 cash and a guinea had been given to the applicants. The applicants thereafter refused to celebrate the marriage and broke off the connection but they refused to return the goods which had been given to them. Applicant No. 2 is serving in the office of the Accountant General and this case is pending in the court of Special Magistrate, Gorakhpur A summon was served on Petitioner No. 1 fixing 10 -6 -1957 as the date for hearing on which date applicant No. 1 applied for an adjournment. The summons of applicant No. 2 had been sent to the office of the Accountant General but as he was on leave the summons were returned unserved. Thereafter, bailable warrants appear to have been issued which were received in the office of the Accountant General and again they were returned unserved as applicant No. 2 was still on leave.
(3.) THE applicants admit that there had been a talk about the marriage of the sister of the opposite -party with applicant No. 2, but allege that maternal uncle of the opposite -party and the opposite -party misbehaved with applicant No. 2 at Lucknow and there had been hot words and abuses with the result that applicant No. 2 refused to marry in a family where even before the marriage such kinds of things could happen Thereafter, the opposite -party was informed that he does not want to have relations any more.;