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Section 136

of Criminal Procedure Code

ActIn forceProvision 148 of 411

Section 136

(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 First Schedule a summons should issue in the first instance, he shall issue a summons for the attendance of the accused.

(2)

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 himself or some other Magistrate having jurisdiction.

(3)

Nothing in this section shall be deemed to affect section 47.