As per the provision in section 173 of Crpc, on completing investigation, the Respondent Police ought to file report before the trial court. The chapter VI of the Crpc deals with the provision of process to compel the appearance before the Court. It can only be after filing the charge, so as to state the substance of accusation against the accused. Thereafter only, the section 252 and 253 of Code of criminal procedure code can be invoked even in the petty cases.
None of the provisions in the Code of Criminal Procedure Code provides power to the Respondent Police to direct any person to appear before the court on their own motion, as a summons issued by the Court even before the filing of the final charge.
Section 61 : Form of Summons:- Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such court or by such other officer as the High Court may from time to time, by rule direct and shall bear the seal of the Court.
Commencement of proceedings before Magistrate:-
Section 204: Issue of process:- (1) If in the opinion of a Magistrate taking cognizance of an offence, there is sufficient ground for proceeding and the case appears to be
(a) a summons case, he shall issue his summons for the attendance of the accused, or
(b) a warrant case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or some other Magistrate having jurisdiction.
(2) No summons or warrant shall be issued against the accused under sub section (1) until a list of prosecution witnesses has been filed.
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