IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12783 of 2011 SUSHILA SHARMA @ SHUSHILA DEVI, WIFE OF LATE UMAKANT SHARMA, RESIDENT OF VILLAGE-RANADIH, P.S.-SANGRAMPUR, DISTRICT-MUNGER. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. ----------- 02/ 18.04.2011 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner has come here against the order dated 31.01.2011 whereby the court has refused to summon the informant Rama Kant Sharma and Nand Kishore Sharma under Section 319 of the Code of the Criminal Procedure. The petitioner had filed a petition on 11.01.2011 under Section 319 of the Code of the Criminal Procedure for issuance of summons against the above two persons which has been refused. It appears from Annexure-1 that the First Information Report regarding death of Umakant Sharma was lodged on 02.03.1996 by his brother Ramakant Sharma. The case was investigated into and when the trial proceeded then for the first time the wife of the deceased while deposing on 16.03.2009 i.e. after about 13 years of the occurrence 2 has suspected the role of the informant Rama Kant Sharma and Nand Kishore Sharma in the occurrence because according to her they were hostile. There is nothing on the record from which any inferences can be drawn that as to whether any protest to investigation was ever raised by any person. The occurrence is dated 02.03.1996 and wife of the deceased has deposed for the first time in the court on 16.03.2009 and in that also only suspicion has been raised against the informant and Nand Kishore Sharma. Even if, the entire evidence adduced by the wife of the deceased is accepted then it is difficult to presume that the court while coming to the conclusion that the accused persons, who are sought to be summoned, were involved in the occurrence. Section 319 of the Code of Criminal Procedure gives ample power to the court to summon but for issuing summon the evidence must be of substantive nature and it must point out raising finger towards the accused. This fact is not available here. As the finger raised does not link the accused persons with the 3 occurrence, it will be an abuse of the process of the court to summon the aforesaid two persons under Section 319 of the Code of Criminal Procedure. The court after considering the facts has come to the opinion that the application under Section 319 of the Code of Criminal Procedure was without merit and I too agree with the finding of the court below. Considering this, I am not inclined to interfere with the impugned order. This petition is accordingly dismissed. kksinha/- (Shyam Kishore Sharma, J.)