Delhi High Court
Rajat Kumar Goyal vs Commissioner Of Police & Ors on 8 October, 2013
Author: G. S. Sistani
$~ 7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1119/2013
% Order dated 08.10.2013
RAJAT KUMAR GOYAL ..... Petitioner
Through: Mr.Amit Sibal and Mr.Anil Karnwal, Advs
versus
COMMISSIONER OF POLICE & ORS ..... Respondent
Through: Ms.Charu Dalal, Advocate for
Mr.Saleem Ahmed, ASC for State
Mr.P.R. Agrawal, Mr.Mahendra Singh and
Mr.Arun Srivastava, Advocates for respondents
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
G.S.SISTANI, J (ORAL)
1. In this case the grievance of the petitioner is that on 15.6.2013 at about
9:30 p.m. the petitioner along with his wife and two minor children went
to a restaurant namely Spice and Ice Restaurant & Bar, situated at
Karkardooma Community Centre, opposite to the Karkardooma Metro
Station, Delhi for dinner and ordered a vegetable sizzler and vegetable
noodles. Soon after placing the order, the food items were served to the
petitioner and his family by the waiters of the aforesaid restaurant. The
petitioner's son, who is only 7 years old, started to eat the noodles. All of
sudden something from the noodles blocked his throat, which caused
acute pain to him and virtually blocked his throat and, he was unable to
breath for few minutes. Ultimately with great difficulty with the
assistance of the petitioner and his wife, the petitioner's minor son was
made to vomit the consumed food. Upon examination of the vomited
food, the petitioner was shocked to find a big piece of nail in it. The
petitioner immediately called the concerned waiter and complained about
the incident, the said waiter took away the noodle alongwith the said nail
and ignored the complaint of the petitioner. Seeing the indifferent and
ignoring attitude of the concerned waiter, the petitioner strongly protested
and called the owner of the said restaurant - Mr.Mukesh Agarwal, the
respondent no.3. The owner of the restaurant came to the petitioner
alongwith his son Harshit, respondent no.4. The petitioner complained to
the owner of the restaurant in a very polite manner. The owner of the
restaurant and his son instead of becoming apologetic to the petitioner,
started to misbehave with the petitioner and his wife and directed the
petitioner to talk by coming out from the restaurant. Upon seeing the
unapologetic attitude of the owner of the restaurant, the petitioner replied
to him that he will talk in the premises of the restaurant itself so that the
other customers might know about negligence in preparation of the food-
items to be served to the customers. Hearing upon this, the respondent
no.3 became furious and he blocked the petitioner with his two waiters
and muscleman, to whom he was addressing as a bouncer and his son
Harshit, the respondent no.4 dragged the petitioner from his shirt collar
outside the restaurant and blocked the petitioner from all the sides and the
respondent no.4 beat and slapped the petitioner several times.
2. At this stage, the wife of the petitioner namely Mrs.Ruchi Goyal tried to
rescue the petitioner from the clutches of the respondent nos.3 and 4 and
his musclemen, then all of them misbehaved with her and manhandled her
by pushing her by dragging her hand. When the petitioner's wife
protested this, then the respondent no.4, abused her and threatened her to
be paraded naked in front of the public. Thereafter the respondent no.3 &
4 and his musclemen threatened the petitioner and his wife to be killed
and threw the petitioner and his wife outside the restaurant.
3. Petitioner thereafter called the Police control room at No.100 at 10:39.
The respondent no.3 and 4 informed the petitioner that local police would
not take action as they were on their pay roll. Although the Gypsy of the
police control room arrived at the spot, but no action was taken. Even the
local police was not helpful and despite repeated requests they did not
register the FIR.
4. Notice in this matter was issued and the status report has been filed by the
State. As per the status report, enquiry was conducted and also the CCTV
footage was viewed and the allegations levelled by the petitioner could
not be substantiated.
5. Counsel appearing for respondents no.3 and 4 has disputed all the
allegations made in the present petition.
6. I have heard counsel for the parties and examined the status report which
has been filed by the State. Relevant portion of the status report reads as
under:
"On the aforesaid complaint, an enquiry was conducted and during
course of enquiry Alleged Persons statements of witnesses (1)
Harish Kumar s/o. Shri Tilak Raj (Bar tender) (2) Bhagwan Singh
Rawat s/o.S.S. Rawat (3) Shri Mukesh Aggarwal (Owner) s/o. Sh
Ram Gopal Aggarwal (4) Sh.Harsh Aggarwal, s/o.Sh.Mukesh
Aggarwal and (5) Sanjay Thakur s/o.Ramesh Chander (Cashier of
the restaurant) were examined and CCTV footage of restaurant was
seen and after seeing the CCTV footage and making enquiry into
the aforesaid matter the allegations levelled by the petitioner could
not be substantiated. It is also to mention here that on 15.06.2013,
when the statement of the petitioner was recorded, he did not make
any allegation regarding misbehave and maltreatment with his wife
by the alleged persons and hence, the complaint of the petitioner
was filed."
7. Reading of the status report would reveal that the enquiry has been
conducted by taking the statements of witnesses, which include the
Bartender, a cashier of the restaurant, the owner of the restaurant and
other persons connected with the restaurant. I am of the view that this
does not give an impression of fair investigation in the matter.
8. In these circumstances, without expressing any opinion on the merits of
the matter, it is directed that the proper investigation be carried out by the
District Investigating Agency. The investigation shall be carried out
expeditiously in a fair and just manner.
9. The present order will not stand in the way of the petitioner to take
recourse to such remedies which are available to him in accordance with
law.
10. Petition stands disposed of, in above terms.
G.S.SISTANI, J
OCTOBER 08, 2013
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