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State of Madhya Pradesh - Section

Section 118 in Criminal Courts - Rules and Orders

118. In dealing with trials and enquiries presiding officers should remember that their position is not that of Judges of Civil Courts who decide cases on the evidence put before them and leave it to the parties concerned to see that the evidence they produced is complete. Their primary duty is the ascertainment of the facts and the punishment of the guilty. For this purpose they have, under the Evidence Act and the Code, ample power. The fact that the prosecution is conducted by a public prosecutor or by a prosecuting inspector of police does not absolve the presiding officer from this duty.