A 498a state case is going on.
The complainant and her father have not come for evidence for 15 dates summons have been sent for complainant and her father but the complainants mother receives the summon. ( no male member receives)
Complainants advocate is present . Complainant is abroad for 2 yrs , the father of complainant attends DV hearings using SPA.
The accused filed an application informing the court and praying for issuing NBW. The court dismisses the application citing that it has been filed for harrasing the complainant and rs 300 cost is imposed.
Can the judge do this and what remedy the accused have since its the duty of prosecution to get witness and Majistrate responsibility to see summon reports and check why its not being served for 15 dates.