INDERJIT SINGH,J. - (1.) Applicant-Kamlesh Kaur has filed this application under Section 378(4) Cr.P.C. seeking permission for leave to appeal against respondents Surinder Singh and Kirat Singh, challenging the impugned judgment dated 28.01.2012 passed by learned Sub Divisional Judicial Magistrate, Naraingarh, vide which the accused-respondents were acquitted.
(2.) It is mainly stated in the application that accompanying appeal is being filed which is likely to succeed on the grounds taken therein. It is further stated that if special leave to appeal is not granted, then the applicant shall suffer an irreparable loss and substantial injury which would not be compensated later on. It is, therefore, prayed that leave to appeal be granted.
(3.) As per the record, the complainant Kamlesh Kaur filed a complaint against accused Surinder Singh and Kirat Singh under Sections 427, 448, 453, 504 and 506 IPC. The brief facts of the complaint as noted down in the judgment passed by learned SDJM, Naraingarh, are as under:- "The present complaint has been filed by complainant Kamlesh Kaur against Surinder Singh and others with the averments that complainant was resident of the village Yaseen Majri Dakhli Mauza Sadhaura. The complainant and her husband had purchased a plot measuring 10 marla at Raipur Viaran, Ward No.7 Naraingarh vide sale deed dated 3.1.2002 for a sum of L 80,000/- and the house was constructed by the husband of the complainant over the above said plot and an iron gate was installed in the court yard. It has been further alleged that as per complainant her husband was serving in Indian Army and in the month of February 2003, accused No.1 and one Mohinder Pal son of Bela Ram tried to demolish the gate installed in the premises of complainant. Due to the above said act of accused No.1 the complainant and her husband were forced to file a civil suit in the Court at Ambala, which is still pending. It has been further alleged that on 28.03.2003 at about 9.10 a.m., the accused taking undue advantage of the absence of the complainant and her family members, demolished the gate forcibly and illegally and when the complainant came to know about the incident, she along with her husband rushed to the spot where Surjeet Singh son of Mansha Ram, Pal Chand son of Shankar met the complainant and told that the gate had been demolished by the accused and when the complainant enquired about the reasons for demolition of the gate, the accused used foul language and abused the complainant and threatened to kill the complainant and her family members. The matter was reported to the police but no action has been taken hence the present complaint has been filed." ;