Section 115: Making of complaint and issue of process

(1) Subject to the provisions of section 89 of this Act, a person who believes from a reasonable or probable cause that an offence has been committed by another person whose appearance a Magistrate has power to compel may make a complaint of the committing of the offence to a Magistrate who shall consider the allegations of the complainant and may:
(a) in his discretion, refuse to issue process and shall record his reasons for such refusal; or
(b) issue a summons or warrant as he shall deem fit to compel the attendance of the defendant before a Magistrates' court in the district.
(2) The Magistrate shall not refuse to issue a summons or warrant only because the alleged offence is one for which a suspect may be arrested without warrant.