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State of Madhya Pradesh - Section

Section 123 in Criminal Courts - Rules and Orders

123.

(1)When a presiding officer makes a local inspection he must record without unnecessary delay, a memorandum of inspection, as required by Section 539-B of the Code, referring to any relevant facts observed. Where no relevant facts have been observed a note about the making of the inspection should be made in the order sheet. No inspection shall be made without due notice to the parties.
(2)A presiding officer may find it helpful to examine witnesses at the scene of a local inspection. In this event he must record these witnesses statement at the time they are made and in the presence of the accused who must have an opportunity of cross-examining them. Under no circumstances it is permissible of a presiding officer who is trying a case to hold a kind of police investigation, questioning all kinds of people and hearing statements, which must to some extent influence his mind, neither recorded nor made in the presence of the accused.