Issue of process
AI Assist
Summary
When a Magistrate takes cognizance and finds sufficient ground, he issues a summons in a summons case; in a warrant case he may issue a warrant or, if fit, a summons to secure the accused's attendance. No summons or warrant can be issued until a list of prosecution witnesses is filed, and where the case began on a written complaint a copy of that complaint must accompany the process. Any statutory process fees must be paid before process issues; if fees are not paid within a reasonable time the Magistrate may dismiss the complaint.
Example
Priya files a written complaint accusing Karan of theft. The Magistrate finds sufficient ground and treats it as a summons case, but will not issue a summons until the prosecution files a list of witnesses and a copy of Priya's complaint is attached. If required process fees remain unpaid, the Magistrate can refuse to issue process and may dismiss the complaint after a reasonable time.
Bare Act
Enacted text(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be-
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(a) a summons-case, he shall issue his summons for the attendance of the accused, or
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(b) 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.
(2) No summons or warrant shall be issued against the accused under Sub-Section (1) until a list of the prosecution witnesses has been filed.
(3) 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.
(4) 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.
(5) Nothing in this section shall be deemed to affect the provisions of section 87.
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