Section 204 of CrPC : Section 204: Issue Of Process

Explanation using Example

Imagine a scenario where a local shopkeeper files a complaint against a customer for theft. After reviewing the complaint, the Magistrate believes there is enough evidence to proceed with the case. Since theft is a warrant-case, the Magistrate has the discretion to issue either a summons or a warrant for the accused customer's appearance in court. The Magistrate decides to issue a summons, instructing the customer to attend a hearing on a specified date.

Before issuing the summons, the Magistrate ensures that the shopkeeper has provided a list of witnesses who will testify against the customer. This list is mandatory and must accompany the summons as per the law.

Additionally, the customer receives a copy of the written complaint filed by the shopkeeper along with the summons, so the customer is fully informed of the allegations and evidence against them.

The shopkeeper is also required to pay any applicable process-fees before the summons is officially issued. If the shopkeeper fails to pay these fees within a reasonable amount of time, the Magistrate may dismiss the complaint due to non-compliance with the legal requirements for proceeding with the case.