R.S. Chauhan, J.-The petitioners have challenged the order dated 010.2005 passed by the Judicial Magistrate, Bassi, District Jaipur whereby he had dismissed the application under Section 70(2) of the Criminal Procedure Code (henceforth to be referred to as the Code for short) filed by the petitioners. They have also challenged the order dated 210.2005 passed by the Sessions Judge, Jaipur District, Jaipur whereby the learned Judge had upheld the former order dated 010.2005.

2. The brief facts of the case are that on 25.06.1993 one Jagdish lodged a written report at Police Station, Bassi against the present petitioners for offences under Sections 147, 447, 341, 427, IPC. On the basis of the said report, the police registered a FIR, FIR No. 232/1993. After a thorough investigation, the police eventually submitted a charge-sheet against the present petitioners before the Judicial Magistrate. For two long years, the petitioners regularly attended the trial. However, since Mool Chand became paralyzed and blind, he could not attend the trial on a regular basis. The Petitioner No. 2, Chand Mal, is an old infirm man of 72 years old. Therefore, he too could not attend the trial on a