If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court:
Provided
that whenever it appears to such 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.
Code of Criminal Procedure (CrPC)
112 CrPC Procedure in respect of person present in Court
113 CrPC Summons or warrant in case of person not so present
114 CrPC Copy of order to accompany summons or warrant
115 CrPC Power to dispense with personal attendance
116 CrPC Inquiry as to truth of information
117 CrPC Order to give security
118 CrPC Discharge of person informed against
119 CrPC Commencement of period for which security is required