KIRTI SHARMA Vs. CIVIL JUDGE SENIOR DIVISION ETAH

JUDGEMENT

(1.) Heard Sir K.P.Agrawal learned Senior Advocate assisted by Sri S. K. Mishra for the petitioner and Sri V. C. Mishra, learned Senior Advocate assisted by Sri Vivek Mishra for the respondent No.3.

(2.) The plaintiff respondent No. 3 filed suit No. 761 of 2004 against the petitioner for restitution of conjugal rights and inci- dental relief. Along with the suit, an application for temporary injunction was also filed but instead of granting any ex parte injunction, the trial Court issued notice to the petitioner. Against the said order dated 2-12- 2004, the plaintiff respondent No. 3 filed revision No. 167 of 2004 wherein an interim injunction restraining the petitioner from contracting her second marriage was passed on 6-12-2004. This order has been impugned in the present writ petition.

(3.) The case as set up in the petition is that when the petitioner was going to Firozabad by bus from her residence in Jalesar, District Etah to appear in her examination along with her cousin, she was dragged out from the bus and kidnapped at gun point and whisked away in a waiting Maruti Car. This information was forwarded by her cousin to her father and thus a First Information Report under Sections 366, 368 and 120B IPC was lodged. As the police was not taking any action, the Advocate's Association, Chamber of Commerce, social organizations, social and political leaders resorted to 'Dharna' and 'Gherao' for precipitate action by the local police. It bore results and police action forced the plaintiff into defensive mode. While he was taking the petitioner in the subordinate Courts at Aligarh for recording of her statement in his favour, she found her chance on noticing some policemen and cried for help when the policemen swung into action and rescued her but her captors fled the scene.