JUDGMENT 1. - have perused the order of Addl. Chief Judicial Magistrate, Rajsamand dated 6-6-1985 and that of Addl. Sessions Judge, Rajsamand dated 29-10- 985. In my view, the impugned orders are based on incorrect interpretation of Section 317t2) Cr. P.C. Sub Section (2) of Section 317 Cr. P.C. would only apply in a case where the personal attendance of the accused had dispensed with by the Magistrate either on the application of the accused or because the accused persistently disturbed the proceedings in Court. The words "if the accused in any such case" are important in sub-section (2), Sub-Section (2) of Section 317 Cr. P.C. cannot apply to a case where an accused had even not been served. 2. I, therefore, allow this application Under section 482 Cr. P.C. and set aside the order of the Addl. Sessions Judge, Rajsamand dated 29-10-85 confirming the order of the Additional Chief Judicial Magistrate dated 6-6-85 and direct the Addl. Chief Judicial Magistrate, Rajsamand to proceed with the trial against all the accused persons including Smt. Sugna Kunwar jointly and in accordance with law. The petitioner is directed to appear before the Addl. Chief Judicial Magistrate, Rajsamand on 6th January, 1988,Application allowed. *******