LAWS(GJH)-2023-6-954

HITENDRA OMPRAKASH DHANORKAR Vs. STATE OF GUJARAT

Decided On June 13, 2023
Hitendra Omprakash Dhanorkar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973 ('Code' for short), the applicants

(2.) The facts stated in the application are such that the applicants are the husband and wife and applicant No.1 is the owner of one residential Unit i.e. B-1, Mira apartment, Near Madhav Apartment, Maniyasa Garden, Khokhrda, Ahmedabad. The applicant No.1 entered into Leave and License agreement with respondent No.2 and gave his residential unit on rent to respondent No.2 on several terms and conditions mentioned therein. The said leave and license agreement was for a period from 11/6/2020 to 9/6/2021. The respondent No.2 abruptly had stopped paying the house rent from March, 2021 and with a view to grab the property and to harass the applicants, filed the impugned FIR making false and incorrect allegations against the applicants and thereby, not to give vacant and peaceful possession of the rented property to the applicants.

(3.) Heard learned advocate Mr. Sachin D. Vasavada, for the applicants, learned APP Mr. Dhavan Jayswal for respondent no.1 and learned advocate Ms. Mayuri Chauhan for respondent no.2.