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CrPC Section-204 - Issue of process

Description

"If a Magistrate, upon taking cognizance of an offence, finds sufficient grounds to proceed, they shall:

  • Issue a summons for the accused’s attendance in a summons-case, or
  • Issue a warrant (or a summons, if deemed appropriate) in a warrant-case, to ensure the accused appears before the Magistrate or another competent Magistrate.

No summons or warrant shall be issued under Sub-Section (1) until a list of prosecution witnesses has been filed.

In proceedings based on a written complaint, every summons or warrant issued under Sub-Section (1) must be accompanied by a copy of the complaint.

If any process fees or other charges are required by law, no process shall be issued until the fees are paid. If they remain unpaid within a reasonable time, the Magistrate may dismiss the complaint.

Nothing in this section shall affect the provisions of Section 87."

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