- (1.) Challenge in this revision application is to the order dated 16.05.2014 passed by Principal Sessions Judge, Gumla in Criminal Revision no. 14 of 2013 whereby and whereunder the order dated 23.08.2013 passed by the Chief Judicial Magistrate, Gumla in G.R. Case No. 128 of 2008 on an application filed under Section 294 of the Code of Criminal Procedure (in short "the Code") has been set aside.
(2.) At the instance of the informant -petitioner Savita Devi, Gumla P.S. Case No. 42 of 2008 was instituted on 21.12.2007 under Section 341, 323 and 324/34 of the I.P.C. with the allegation that on the alleged date of occurrence, her son Ashish, aged about 13 years, was playing with the son of the accused and in course of playing, there was a quarrel between the children. Whereafter, wife of the accused Prem Sahu caught the son of the informant and confined him in a room and assaulted him using naked electric wire. The boy sustained several injuries including injury in his right eye and the bleeding started oozing out from the said eye. When the son of the informant did not return in the evening, she along with other persons started searching her son and found the said son coming along with one Md. Kullu but considering the seriousness of the injury sustained by her son, she immediately contacted the doctor at Gumla, who referred the matter to RIMS, Ranchi where she stayed with her son till 19.01.2008 but for better treatment, she took her son to „Shankar Netralaya?, Madras.
(3.) It appears that after submission of the charge sheet, the accused persons were put on trial and charges were framed against them and witnesses were examined. On 06.04.2013, a petition under Section 294 of the Code was filed by the prosecution praying therein to accept and mark certain medical reports, bills and railway tickets as exhibits under the aforesaid provision. The defence filed objection to the said petition but the court below vide order dated 23.08.2013 accepted those documents and marked them as Ext. -2 to Ext. -12 without formal proof. The accused persons questioned the validity of the said order by filing a revision application before the Sessions Court and by the impugned order dated 16.05.2014, the learned Principal Sessions Judge, Gumla set aside the order dated 23.08.2013 passed by the Chief Judicial Magistrate, Gumla. Aggrieved by the said order, the present revision application has been preferred by the informant.;