"Didn't Impersonate Himself As Lawyer": Allahabad HC Stays Arrest Of Law Intern Who Stood In For His Senior Before Tribunal

The Allahabad High Court last week stayed the arrest of a law intern who stood in before a tribunal for his senior, under whom he was interning and sought adjournment in a case, and thereafter, charged for the offence of cheating by personation.

The Bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav prima facie noted that the petitioner (law-intern) over-zealously attempted to seek adjournment in a case where one of the parties was being represented by the Advocate under whom the law student was interning.

Submissions put forth

At the outset, the intern's counsel submitted that he is a law student and has been interning with an Advocate who is practicing in District Court, Rae Bareli and due to curiosity and as a part of his training, the petitioner had been attending the court proceedings.

It was further submitted that in the order dated October 4, 2021, passed by the Presiding Officer, Motor Accidents Claim Tribunal, it had been recorded that on being asked, the petitioner told the Presiding Officer that he is a law student and not a practising lawyer.

Court's order

Having heard the submissions of the intern's counsel, the Court noted that it didn't appear to be a case where he impersonated himself as a lawyer as in the order dated October 4, 2021, passed by the Presiding Officer, it was mentioned that the petitioner was present in the Tribunal in the civil dress without adoring the robes.

Further, having regard to the overall facts and circumstances of the case, the Court directed that till the next date of listing, the petitioner -Abhay Kumar Gupta shall not be arrested pursuant to the impugned F.I.R. registered against him under Sections 419, 420, 171 I.P.C.,

However, he has been directed to cooperate with the investigation. The Court has also asked the Respondents to file counter affidavit within four weeks if they so desire.

Case title - Abhay Kumar Gupta v. State Of U.P.Thru.Secy.Home,Lucknow & Ors

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