Issue a summons in summons case.
Querist :
Anonymous
(Querist) 24 June 2011
This query is : Resolved
204. Issue of process.
(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-
(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.
Question: Issue a summons in summons case or a warrant in warrant case. So what is the difference between the issue of summons & warrant? Is there any difference between them? As if summons issued to any one than he/she has to appear before the court & also if warrant is issued he/she has to appear before the court so what is the difference in it? Can we say the vice versa can be issued that in a summons case a warrant can be issued & if in a warrant case summons can be issued why we cant issue as both the meaning & process are same?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 25 June 2011
Well it it short coming of provisions particularly for NI 138 cases which are summons cases and no proper procedure provided.
Earlier to NI 138 summons cases were for petty cases which were mostly decided on one date on plead guilty and fine such as traffic, prohibition , shop act etc.,etc.
