139.
Magistrate May Refuse To Proceed.
A Magistrate taking cognizance of an alleged offence may refuse to proceed with the case
if after examining the complainant (if any) and considering the result of any investigation
held under Chapter XII or section 138 there is in his opinion no sufficient ground for
proceeding. He shall thereupon briefly record his reasons for so refusing.
Note :
If the accused is in custody or on bail he must be discharged when the
Magistrate refuses under this section to proceed. See Sections 148 (2) and 159 (2).
140.
Inquiry or Trial
When a Magistrate taking cognizance of an offence is satisfied that there is sufficient
ground for proceeding, he shall after causing process to issue for the attendance of the
accused person, if he is not already in custody or on bail, proceed either to hold an
inquiry into the offence or to try it under Chapter XVI or XVII, provided he is competent
so to do.
Note : A Magistrate of the second class may, subject to the provisions of Chapters XIII and XIV
and of section 135 hold a magisterial inquiry into any offence. If he is not competent to
try the case he should on completion of the inquiry stay proceedings and refer the case as
directed by section 237.
141.
Processes.
(1) Process to compel the attendance of the accused person shall ordinarily be a
summons or a warrant, as in the opinion of the Magistrate, a summon or a warrant should
be issued according to the fourth column of the First Schedule in the first instance.
Note: See section 64.
(2) When by law any process fee or other fees are payable no process shall continue until
the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate
may dismiss the complaint.
Note : For form of summons to accused person, see Schedule 111,1.
142.
Power To Dispense With Personal Attendance of accused.
Where a summon is issued the Magistrate may if he sees reasons to do so dispense with
the personal attendance of the accused, provided that he pleads guilty in writing or
appears by his pleader or other permissible agent.
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