139.
| (1) Where proceedings have been instituted under paragraph (a) or paragraph (b) or paragraph (c) of section 126 (1) and the Magistrate is of opinion that there is sufficient ground for proceeding against some person who is not in custody -
| | (a) if the case appears to be one in which according to the fourth column of the First Schedule a summons should issue in the first instance, he shall, subject to the provisions of section 63, issue a summons for the attendance of such person ; | | |
| | (b) if the case appears to be one in which according to that column a warrant should issue in the first instance, he shall issue a warrant for causing such Person to be brought or to appear before the court at a certain time. | | |
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| (2) Where proceedings have been instituted under paragraph (d) of section 136 (1), the Magistrate shall forthwith examine on oath or affirmation the person who has brought the accused before the court and any other person who may be present in court able to speak to the facts of the case ; |
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| (3) Where proceedings have been instituted under paragraph (e) or paragraph (f) of section 136 (1), the Magistrate shall issue a summons for the attendance of the person named in the warrant or complaint, or a warrant for causing such person to be brought or to appear before the court at a certain time, according as the fourth column of the First Schedule provides that the case is one in which a summons or a warrant should issue in the first instance |
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Sri Lanka Consolidated Acts