We have a situation. It is a summons-case where in there are 5 accused. The police have submitted an FR against which the JM has issued challans.
We have also opposed it (FR) under CrPC 156(3) which is pending with the same JM. The JM Court continued the prosecution case and issued summons which has been served on only one of the accused while the remaining 4 are unserved and the JM has been notified of the same by the accused who has been served. The case was listed @5 times and is adjourned for lack of serving summons and the JM simply keeps asking the PP or Police to serve the summons. 90% of the time public prosecutor doesn't appear in Court and only the accused who had been served appears along with his lawyer.
Obviously this is a clear abuse of judicial process. The prosecution should either serve the summons and frame charges or just withdraw the case or the JM has to dismiss the case which he has not done it yet. In this case, can we force the JM to dismiss the case for lack of prosecution? Will that be under CrPC 256? Are there other sections we can leverage?