A magistrate’s responsibility is to apply mind under provisions like Section 204 CrPC and usually start with a summons, using a warrant only where the law allows and where reasons—such as risk of absconding, non‑appearance, or seriousness of the offence—are clearly recorded, because a warrant is a more intrusive restriction on liberty. If a magistrate appears to have misused this discretion, best lawyers guide the accused to: get all process orders, check whether the case is summons‑case or warrant‑case and whether reasons for the warrant exist, move the magistrate to recall or correct the process while offering full future attendance and bail if needed, and, if refused, approach higher courts to challenge the overreach, ensuring strict compliance with every subsequent date.
