JUDGEMENT
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(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.;
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