The Code of Criminal Procedure, 1898
Part VI: PROCEEDINGS IN PROSECUTIONS
Chapter XVII
OF THE COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
Section 204: Issue of process
204.(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 one in which, according to the fourth column of the second schedule, a summons should issue in the first instance, he shall issue his summons for the attendance of the accused. If the case appears to be one in which, according to that column, a warrant should issue in the first instance, 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 not jurisdiction himself) some other Magistrate having jurisdiction.
(1A) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed.
(1B) 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.
(2) Nothing in this section shall be deemed to affect the provisions of section 90.
(3) 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.
Section 205: Magistrate may dispense with personal attendance of accused
205.(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused, and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in manner hereinbefore provided.
Section 205C: Transfer of case of Court of Session when offence is trial exclusively by it
205C. When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall-
(a) send the case to the Court of Session;
(b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial;
(c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;
(d) notify the Public Prosecutor of the transfer of the case to the Court of Session.
Section 205CC: Transfer of case to Chief Metropolitan Magistrate, Chief Judicial Magistrate, etc.
205CC.(1) When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Chief Metropolitan Magistrate, or Chief Judicial Magistrate, he shall-
(a) send the case to the Chief Metropolitan Magistrate or, as the case may be, Chief Judicial Magistrate;
(b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial;
(c) send to the [Chief Metropolitan Magistrate or, as the case may be, Chief Judicial Magistrate the record of the case and the documents and articles, if any, which are to be produced in evidence.
(2) The Chief Judicial Magistrate or the Chief Metropolitan Magistrate may direct that any case received by him under sub-section (1) or any class of such cases shall be heard by any Additional Chief Metropolitan Magistrate or, Additional Chief Judicial Magistrate subordinate to him.
Section 205D: Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
205D.(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police-officer conducting the investigation.
(2) If a report is made by the investigating police-officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report.
(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code.