law: Code of Criminal Procedure Act, 1973
  
  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.
  (2) No summons or warrant shall be issued
  
  against the accused under sub-section (1) until a list of the prosecution
  
  witnesses has been filed.
  (3) In a proceeding instituted upon a complaint made in writing, every summons
  
  or warrant issued under sub-section (1) shall be accompanied by a copy of such
  
  complaint.
  (4) When by any law for the time being in force any process-fees or other fees
  
  are payable, no process shall be issued until the fees are paid and, if such
  
  fees are not paid within a reasonable time, the Magistrate may dismiss the
  
  complaint.
  (5) Nothing in this section shall be deemed to affect the provisions of section
  
  87.