A reading of the aforesaid shows that it is the guiding principle for a Magistrate while exercising powers under Section 170, Cr.P.C. which had been set out. The Magistrate or the Court empowered to take cognizance or try the accused has to accept the charge sheet forthwith and proceed in accordance with the procedure laid down under Section 173, Cr.P.C. It has been rightly observed that in such a case the Magistrate or the Court is required to invariably issue a process of summons and not warrant of arrest. In case he seeks to exercise the discretion of issuing warrants of arrest, he is required to record the reasons as contemplated under Section 87, Cr.P.C. that the accused has either been absconding or shall not obey the summons or has refused to appear despite proof of due service of summons upon him.{Para 10}
Supreme Court
JUSTICE SANJAY KISHAN KAUL JUSTICE M. M. SUNDRESH
Aman Preet Singh Vs. C.B.I.
Criminal Appeal No.929 of 2021.
2nd September 2021
Citation: 2021 ALL SCR (Cri) 2018
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