- If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be—
- a summons-case, he shall issue his summons for the attendance of the accused, or
- a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.
- No summons or warrant shall be issued against the accused under Sub-Section (1) until a list of the prosecution witnesses has been filed.
- In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under Sub-Section (1) shall be accompanied by a copy of such complaint.
- When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.
- Nothing in this section shall be deemed to affect the provisions of section 87.