( 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:

"23. 10. 2000 present: Sh. O. P. Arya, complainant accused be summoned with bailable warrant in the sum of Rs. 5,000/- with one surety through SHO concerned. Dasti for 3. 8. 01. "

( 4 ). Section 204, Cr. P. C provides the procedure for issuing processes for