[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 281/2005 PREM DEVI KATARIA Vs. STATE OF RAJASTHAN Date: 12.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE None present for the petitioner. None present for the State. **** Brief facts of the case are that the petitioner was not able to appear before the Judicial Magistrate No. 6, Jaipur City, Jaipur on 05.04.2004 but on the same day the petitioner submitted an application for exemption from personal appearance on account of her illness. The trial Court vide its order dated 05.04.2004 rejected the application of the petitioner and summoned her by arrest warrant and proceedings under Section 446 Cr.P.C. were also initiated against the petitioner. Against the order of the trial Court dated 05.04.2004, the petitioner filed an appeal before the District & Sessions Judge, Jaipur and the same has been transferred to the Court of Special Judge (Fake Currency Cases), Jaipur City, Jaipur. The Appellate Court i.e. Special Judge (Fake Currency Cases), Jaipur City, Jaipur has dismissed the appeal so filed by the petitioner [2] vide order impugned dated 09.12.2004 upholding the order of the trial Court dated 05.04.2004. Being aggrieved and dissatisfied with the order dated 05.04.2004 and 09.12.2004 passed by the trial Court and the Appellate Court respectively, the present criminal misc. petition has been preferred by the petitioner on the ground that application for exemption from personal appearance was to be accepted because the petitioner was suffering from serious disease and was unable to appear before the Court concerned but the Court blow has not considered the same and rejected the application. Earlier to this occasion, the petitioner was regularly appearing before the Court concerned on the date fixed. The petitioner is a lady and suffering from the disease of Asthama and has only one lung and is also suffering from the disease of tuberculosis and due to change of season she fell seriously ill and, therefore, could not appear before the Court concerned on 05.04.2004. I have considered the averments made in the misc. petition and carefully gone through the orders impugned dated 05.04.2004 and 09.12.2004 passed by the trial Court and Appellate Court respectively. The Court below while rejecting the application of the petitioner for exemption from [3] personal appearance has observed that the petitioner failed to submit any medical certificate regarding her ailment and the matter is pending since 2002 and since 2003 the matter is pending for final hearing and, therefore, rejected the application of the petitioner. The Appellate Court also considered the fact that the matter is unnecessarily delaying at the instance of the petitioner and dismissed the appeal filed by the petitioner. Upon careful perusal of the orders impugned passed by the Courts below, this Court is of the view that in case the petitioner surrenders before the Court concerned and moves regular bail application, the same be considered on its merit on the same day. With these observations, the misc. petition stands dismissed. (K.S. RATHORE)J. /KKC/ [4] S.B. CRIMINAL MISC. STAY APPLN. NO. 341/2005 IN S.B. CRIMINAL MISC. PETITION NO. 281/2005 PREM DEVI KATARIA Vs. STATE OF RAJASTHAN Date: 12.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE None present for the petitioner. None present for the State. **** As the misc. petition has been dismissed, the stay application also stands dismissed. (K.S. RATHORE)J. /KKC/