Section 136 — Criminal Procedure Code

(1)

If in the opinion of a Judge or Magistrate taking cognisance of an offence, there is sufficient ground for proceeding and the case appears to be one in which according to the fourth column of Schedule 1 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)

a warrant; or

(b)

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

Judge or Magistrate having jurisdiction.

(3)

Nothing in this section is deemed to affect the provisions of section 52.