G SAGAR SURI Vs. STATE

JUDGEMENT

(1.) . Short question of law arising in this petition is whether the Magistrate has the powers to procure the attendance of the accused through warrants of arrest while taking cognizance of a summons case without giving a finding that the accused has either absconded or will not obey the summons. Answer is emphatic 'no' as it lies in the provisions of Section 204, Cr.P.C relating to "issue of process" itself.

(2.) . Facts giving rise to aforesaid proposition of law are, put briefly, as under:

(3.) . Complaint for the offence punishable under Section 22A of the Minimum Wages Act was filed against the petitioner in 2000. The offence carries a sentence of fine to the maximum limit of Rs. 500/- and therefore is a 'summons' case. Vide order dated 23.10.2000 the learned Metropolitan Magistrate, while taking cognizance summoned the accused through bailable warrants for a sum of Rs. 5,000/-. Said order reads as under: