1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. Civil Writ Petition No.8456/2008. (Udai Singh Vs. State of Rajasthan & Others) DATE OF ORDER : December 15, 2008 P R E S E N T Hon'ble Mr. Justice Gopal Krishan Vyas _______________________________ Mr. Sandeep Mehta for petitioner. Mr. Vijay Bishnoi for the applicant. BY THE COURT : In this case, an application has been filed by the complainant for impleadment as party. The application is allowed. In the application, it is stated by the complainant that the petitioner is father of under-trial accused who is facing trial for offence under Section 302, I.P.C. in Udaipur; but, somehow, he has managed for treatment at Jaipur whereas treatment is available at Udaipur also. Learned counsel for the applicant vehemently submits that due to non-appearance of the accused, the trial Court is not proceeding with the trial. It is further argued that if the petitioner's son is taking any medical treatment at Jaipur, then, he can seek exemption from the trial Court but the trial in the case should proceed further. In my opinion, the prayer of the applicant is genuine. The 2 trial Court is required to proceed with the case and is not required to adjourn the case on the ground that the petitioner's son is taking treatment at Jaipur. The trial Court may also consider application for exemption if an application for exemption from personal attendance is made by the accused, petitioner's son. In this view of the matter, in my opinion, if medical condition of the petitioner's son is serious and treatment is required, then, of course, he has right to take treatment; but, at the same time, he is required to seek exemption from attendance before the trial Court where he is facing the trial. Accordingly, this writ petition is disposed of with the direction that the trial Court may proceed with the trial and should not adjourn the case on the ground that petitioner's son is taking medical treatment at Jaipur and for that purpose if any application is filed for exemption from attendance the same shall be decided in accordance with law. With aforesaid observation/direction, this writ petition is disposed of. (Gopal Krishan Vyas) J. Ojha, a.