After considering the case and interacting with the petitioner as well as Solanki, Justice Dayal opined that the issue was amplified disproportionately, particularly keeping in mind that the petitioner fairly disclosed to the magistrate that he was an intern and also gave his ID card upon being asked to do so.
“The petitioner who was a law intern was clearly confused, perplexed and unable to handle the situation which presented before him. It is evident that a law student cannot appear as a counsel or a proxy counsel in any matter before a Court of law, prior to being properly enrolled by a Bar Council and being admitted to the bar. However, in these facts and circumstances, it cannot be said it was a case of malintent which could implicate the petitioner for offences under the Indian Penal Code,” the order stated.
The judge said that there was scope for clearer messaging on the part of practicing advocates, who ought to instruct their law interns on how to represent themselves in court. He also noted that interns themselves must be careful.
“Adequate and appropriate dissemination of this information would possibly reduce such incidents happening on a substantial basis.”
The Bench further noted that the petitioner has submitted an undertaking that he understands that he is not an enrolled advocate and that he will not appear or project himself as a lawyer in any proceeding before the courts till he gets duly enrolled.
“In view of this undertaking filed before this Court, as well as observations made above, there is no purpose served for proceedings in this FIR to continue. Accordingly the said FIR registered at PS Dwarka is hereby quashed, to secure the ends of justice,” the Court ordered.
Source: Barandbench
