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2023 Supreme(Kar) 529

VENKATESH NAIK T.
Renuka @ Shivubai W/o. Shrishail Byalyal – Appellant
Versus
Siddappa S/O. Chandappa Byalyal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. KADLOOR SATYANARAYANACHARYA, ADVOCATE)
For the Respondent: SRI. ANILKUMAR NAVADAGI, SMT. ANITA M. REDDY

ORDER :

Heard the learned counsel for the petitioner, learned counsel for respondent No.1 and learned High Court Government Pleader for respondent No.2 -State.

2. The petitioner has filed this petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') praying to set aside the order dated 01.07.2022 passed by the learned III Additional District and Sessions Judge, Vijayapura (for short 'Trial Court') in S.C.No.47/2017 on an application filed under Section 319 of Cr.P.C.

3. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The petitioner is the de-facto complainant, respondent No.1 is the proposed accused and respondent No.2 is the complainant/State.

4. Brief facts of the prosecution case are that, on the written complaint filed by petitioner against accused Nos.1 to 4 (her in laws) alleging that, since 2 to 3 months prior to 22.03.2016 accused Nos.1 to 4 were harassed her deceased husband and PW.6 -Renuka and tortured them, thus, they attempted to commit suicide, however, PW.6 survived and her husband died on 22.03.2016 at 11.00 a.m. in Nebageri village, Muddebihal taluka, hence, the

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