Legal Question in Criminal Law in India

sir,
In a criminal private complaint, in Judicial Magistrate court, a witness on behalf of complainant gave witness against the accused. But he is not coming again for cross examination by accused lawer. Hearing postponed nearly 9 times for want of appearance of that witness for being cross examined.
Now, the advocate of complainant requests to send summon to his witness who is refusing to come for cross examination. The learned Magistrate refuses to send summon stating it is a private copmlaint and the witness is complainant own witness.
Now, please clarify whether the accused can request to set aside the evdence and statement given by that prosecution witness

Asked on 2/01/14, 3:37 am

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the magistrate to is empowered to issue nbws even in private complaint.

Answered on 2/04/14, 3:34 am

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