Allahabad High Court stays the Arrest of a Law Intern accused of impersonating an Advocate

Abhay Kumar Gupta, a law intern with an advocate practising in the District Court, Rae Bareli started attending the court proceedings with the said advocate as a part of his training owing to the curiosity of the law intern (the petitioner). The learned advocate was representing a party at the Motor Accidents Claim Tribunal (MACT), wherein the petitioner attended the final court proceeding on October 04, 2021, wherein the learned counsel on behalf of the petitioner: Anil K. Mishra, held that the petitioner was over-zealous in seeking adjournment of the aforementioned case. An FIR was filed against the petitioner under Sections 419 (Impersonation), 420 (Cheating and Dishonesty) and 171 (Wearing Garb or Carrying Token used by Public Servant with Fraudulent Intent).

A two-judge bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav of the Allahabad High Court stayed the arrest of the law intern after revealing that the tribunal records show the honesty of the advocate in revealing the true nature of the petitioner in front of the presiding officer of the MACT, wherein the said advocate said that the petitioner is a law student and not a practising lawyer. The bench held that the petitioner intended to quickly adjourn the matter before the MACT involving the advocate without showing any prima facie evidence of wanting to impersonate the said advocate, wherein the bench observed that the law student did not intend to impersonate the advocate, especially when the said advocate made it clear before the MACT about the true nature of the petitioner.

The bench asked the petitioner to support and cooperate in the ongoing investigation on the issue.

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