Delhi High Court Quashes FIR Against First Year Law Student Who Appeared As Proxy Counsel Before Trial Court

The Delhi High Court has quashed an FIR registered against a first year law student who appeared before a Metropolitan Magistrate as a proxy counsel on instructions from a lawyer for taking adjournment in two cases.

Observing that the law student, who was interning with an advocate, was either confused or unable to handle the situation, Justice Anish Dayal said:

"It is evident that a law student should not appear as a proxy counsel or counsel in any matter before any court of law, prior to being properly enrolled by a Bar Council and being admitted to the Bar."

The court quashed the FIR registered under sections 419 (punishment for cheating by personation) and 209 (dishonestly making false claim in court) of the Indian Penal Code.

The law student had approached the court challenging an order passed by a Metropolitan Magistrate of Dwarka Courts passed on August 20 wherein cognizance was taken against her for the offences under sections 177 and 179 of IPC.

It was the petitioner's case that when she was asked certain questions regarding the matter by the MM, no response was given by her as she was instructed only to take adjournments and was unaware of the case.

As per the law student, she was a Hindi medium student and did not have any knowledge of the legal terminologies and therefore, could not understand what was being queried by the MM.

However, not receiving a proper response from the law student, the MM took cognizance against her and an FIR was registered on September 8 by Honorary Secretary of Dwarka Bar Association.

Perusing the case records, Justice Dayal said that the issue was "amplified disproportionately" before the trial court, noting that the MM had recorded that the petitioner had fairly disclosed that she was a first year law student and was also supported by the lawyer who instructed her to take dates.

"From a transcription of proceedings of that date, it seems that the petitioner was either confused or was unable to handle the situation which presented before her," the court noted.

Justice Dayal also noted that the law student has filed an undertaking before the High Court by way of an affidavit that she shall never appear before any court as a proxy counsel or an advocate till she gets enrolled with a Bar Council. 

The undertaking also stated that the petitioner accepted her mistake and that it may also be treated as her unconditional apology to the Bar Council of India, Delhi Bar Council and all Court Associations.

"In view of this undertaking filed before this Court, as well as the observations made above, there is no purpose served for proceedings in this FIR to continue and the matter being proceeded further pursuant to the orders of the learned Metropolitan Magistrate. Accordingly, the said FIR No.473/2022 registered at PS Dwarka (South) is hereby quashed to secure the ends of justice," the court ordered.

Title: SHWETA v. GNCTD AND ANR

Citation: 2022 LiveLaw (Del) 1148

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