Restaurant manager put on trial for assaulting lady customer

A manager of a popular food joint at a mall in south Delhi has been summoned as accused by a court here which refused to quash criminal proceedings against him for allegedly assaulting a woman and her family at the restaurant in 2015.
"After going through the statement of the complainant recorded under section 164 CrPC (before the magistrate) as well as other material on record, I am of the considered view that there was, prima facie, sufficient material against the accused to frame charge against him," Additional Sessions Judge Ramesh Kumar said while dismissing the revision petition of accused Devashish Rawat, manager at the branch of an international food chain in Saket's DLF Place Mall.

The judge upheld a magisterial court's March 2016 order framing charge against him for offences under sections 352 (assault or criminal force otherwise than on grave provocation) and 212 Part-II (harbouring offender) of the IPC.
According to the complaint, the woman had a quarrel with another customer when she had gone to have dinner at the restaurant with her family.
The accused manager intervened and began abusing her and her family members, it said, adding that he also pushed them and helped escape the other customer with whom the complainant had a quarrel.
An FIR was lodged by the police and a charge sheet was filed in the court after relying on the statement of the complainant and eyewitness along with the CCTV footage.

The sessions court, while putting the accused on trial, said at the stage of framing of charge only prima facie case is to be seen and relied on the woman's statement.
In his plea against the summoning order, the accused had contended that the magisterial court had erred in framing charge against him and it did not appreciate the fact that there was no dispute, altercation or even remote fight between him and the complainant at all.