OMKAR ABASAHEB GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is apprehending arrest in CR No. 1296/2020 registered with Chaturshringi Police Station, Pune. The FIR is lodged on 20th October 2020 by the informant aged 20 years.

(2.) The informant alleged that on the date of the incident i.e. on 19th October 2020, while she was in her house, the applicant alongwith his wife, one Mandar and another person entered in their house and started assaulting her parents. They also uttered that they will not leave the shop and on the other hand would register offences. It is then alleged that some physical assault took place in which the applicant has alleged to have tore the clothes worn by her and touched her chest inappropriately. Similarly, it is alleged that he also touched chest and private part of her younger sister, aged 17 years and abused them. It is this complaint which has resulted into the registration of CR in which the applicant is arraigned as an accused.

(3.) The said CR has preceding background. A leave and license agreement came to be executed between the applicant as the licensee and the father of the complainant as the licensor in respect of non residential shop. The agreement was executed by which the licensee granted irrevocable leave and license agreement in favour of the licensee i.e. the applicant to occupy the premises without creating any tenancy rights or any other right, title or interest in favour of licensee from the months commencing from 1st August 2020 and came to an end on 30th April 2023. The licensee was obliged to pay the licensor the license fee as agreed in the agreement and it was to be paid within first 5 days of the concerned months of leave and license.