19 May 2013
You do not clear the doubt your mind is laboring for.
Have you not gone with definition clause?
Section 2(w)and section 2(x)of cr.p.c.?
s.2(w) “summons-case” means relating to an offence, and not being a warrant-case;
s.2(x) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
s.204 is about issue of process by magistrate,who when satisfied prima facie,of commission of an offence,shall issue SUMMONS for a SUMMONS CASE but can issue warrant or summons for a warrant case,as he deems fit in his judicial discretion.
The obvious difference here is that in no case, a magistrate can issue warrant for a SUMMON CASE while taking cognizance of offence on a complaint while for a WARRANT CASE he has choice of issuing either a WARRANT or a SUMMON while taking cognizance of offence committed and chargesheeted.
19 May 2013
My branch of specialization is civil only. I have very meagre knowledge in criminal law. Thanks to the above experts for giving valuable information. Anyway I will follow your advice to refer Cr.P.C.