Issue of process.
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 a summons- case, he shall issue his summons for the attendance of the accused, or 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.
a a summons- case, he shall issue his summons for the attendance of the accused, or
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.
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 accom- panied 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.