Summons cases require summons first; arrest warrants, proclamation, and attachment need strict statutory compliance and recorded reasons.

In a summons case, the Magistrate must issue summons at the stage of cognizance; warrants of arrest cannot be issued first unless statutory conditions are met and reasons are recorded in writing. Section 87 permits warrants only where the court has reason to believe the accused has absconded, will not obey summons, or has failed to appear after due service without reasonable excuse. Proceedings under Sections 82 and 83 also require strict compliance with their prerequisites, including a recorded basis for believing the accused is absconding or concealing himself, publication of proclamation, waiting the prescribed period, and written reasons before attachment. Coercive process issued without these requirements is invalid.

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Issues: Whether, in a summons case, the Magistrate can at the stage of taking cognizance issue warrants of arrest instead of summons without recording a finding that the accused has absconded or will not obey summons, and whether the subsequent orders issuing non-bailable warrants and proceedings under Sections 82 and 83 were sustainable.

Analysis: Section 204 of the Code of Criminal Procedure makes issuance of summons mandatory in a summons case, while warrants are ordinarily contemplated in warrant cases. Section 87 permits issuance of warrant in lieu of, or in addition to, summons only after recording reasons in writing and only where the Court has reason to believe that the person has absconded or will not obey summons, or where summons has been duly served and the person fails to appear without reasonable excuse. Proceedings under Sections 82 and 83 are further conditional upon compliance with their statutory prerequisites, including a recorded basis to believe that the accused has absconded or is concealing himself, publication of proclamation, waiting for the prescribed period, and reasons in writing before attachment of property.

Conclusion: The initial issuance of bailable warrants at the stage of cognizance in a summons case was without authority of law, and the later orders issuing non-bailable warrants and proceedings under Sections 82 and 83 were invalid for non-compliance with mandatory statutory requirements.

Ratio Decidendi: In a summons case, the Magistrate must first issue summons under Section 204, and coercive process such as arrest warrants, proclamation, or attachment can be resorted to only on satisfaction of the statutory conditions and after recording reasons in writing.

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