Criminal Procedure Code · s 75

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s 75Summons or warrant if required

(1)

When a Magistrate acting under section 72,73 or 74 deems it necessary to require any person to show cause under such section, he shall, if such person has not been arrested without warrant and brought before the

Court for the purpose of the inquiry mentioned in section 77, issue a summons requiring him to appear and show cause or, when such person is in custody but not present in Court, a warrant directing the officer in whose custody he is to produce him before the Court.

(2)

Whenever it appears to the Magistrate upon the report of a police officer or upon other information, the substance of which report or information shall be recorded by the Magistrate, that there is reason to fear the commission of a breach of the peace and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.