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State of Madhya Pradesh - Section

Section 706 in Criminal Courts - Rules and Orders

706.

As to preliminaries : The points to look for are whether he examines complainants properly in private eases, and makes proper use of Section 203 of the Code of Criminal Procedure to dismiss false complaints; whether he brings the accused to trial promptly, seeing that summons is issued promptly and taking action where the police fail to serve it; and whether he uses summary powers (Section 260) when he should, and records only a memorandum of the evidence when that is sufficient (Section 355). The proper use of Sections 263, 264 and 355 (1) by those empowered to use them requires careful supervision, more particularly as under Sections 264 and 355 (1) there must be a record of the evidence. A Magistrate should ordinarily be able to determine at the outset whether he should pass an appealable sentence if he convicts.