RAJAT KUMAR GOYAL Vs. COMMISSIONER OF POLICE

JUDGEMENT

(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.) 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.