https://www.taxtmi.com/caselaws?id=299658 Section 204 CrPC allows a Magistrate to issue summons or warrant according to the nature of the case, and there is no general rule requiring a bailable warrant first merely because the accused has not obtained anticipatory bail. Section 438 CrPC turns on apprehension of arrest for a non-bailable offence, and that apprehension may arise from police action or from process issued by a Magistrate. The Magistrate's choice to issue a bailable or non-bailable warrant may affect discretion, but it does not end the jurisdiction of the High Court or Court of Session to consider anticipatory bail; only where anticipatory bail has already been granted does Section 438(3) require compliance with that protection. en-us Thu, 01 Mar 1984 00:00:00 +0530 Fri, 24 Dec 2021 12:33:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299658 Section 204 CrPC allows a Magistrate to issue summons or warrant according to the nature of the case, and there is no general rule requiring a bailable warrant first merely because the accused has not obtained anticipatory bail. Section 438 CrPC turns on apprehension of arrest for a non-bailable offence, and that apprehension may arise from police action or from process issued by a Magistrate. The Magistrate's choice to issue a bailable or non-bailable warrant may affect discretion, but it does not end the jurisdiction of the High Court or Court of Session to consider anticipatory bail; only where anticipatory bail has already been granted does Section 438(3) require compliance with that protection. Case-Laws Indian Laws Thu, 01 Mar 1984 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299658