In a summons case on police report currently undergoing in a sessions court, the de facto complainant, did not come to court for almost 10 years and the judge closed his evidence and moved to the next witness in the charge sheet.
However this judge was then transferred and the new judge has directed that summons be sent once again to the complainant. This is vide an order which was in reply to a petition filed by the accused for dismissal/acquital on the grounds of non-appearance of this complainant. To the best of my knowledge, no petition has also been filed by the public prosecutor u/s 311 of Cr.P.C.
My question is whether this is permissible in law? Can this be challenged? If so under which Section? Any relevant cases will be very helpful. Thanks.