Section 204(1) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(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 forth 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.[(1-a) No summon or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed.] [Sub-sections (1-a) and (1-b) to section 204 added by Act XLII of 1956.](1-b) 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).
