CLINICAL IV - INTERNSHIP

DIARY
SUBMITTED IN PARTIAL FULFILLMENT TO
THEREQUIREMENTFORAWARDOFDEGREEB.A.L

L.B.(HONS.)[2017-2022]

SUBMITTEDTO-
Prof. Qazi Mohd Usman

FACULTY OF LAW
SUBMITTED BY-
AMAN PRAKASH SINGH

XTH SEMESTER, FACULTY OF LAW

FACULTY OF LAW JAMIA

MILLIA ISLAMIA,
APRIL 2022
 ACKNOWLEDGEMENT
The success and final outcome of this internship diary
required lot of guidance and support of many people and I
am extremely fortunate to gather all this along the
completion of it.

I thank almighty for giving me the apt situations and

possibilities to work under. I owe my profound gratitude to
Prof. Qazi Mohammad Usman who guided me all through
by providing all the necessary information and instructions
for developing it well.

I am heartily thankful and fortunate enough to get

constant encouragement, guidance and support from my
parents for providing me with all amenities and the apt
environment for completion of the report and diary
successfully.

Further, I would like to thank Advocate Sharad Srivastava.

for making all things accessible and possible irrespective of
the odds that came in-between and being a support system
at every step of this internship.

AAMIR RAZA KHAN

DECLARATION
The following declaration is made regarding the internship
report which has been prepared by Aman Prakash Singh
1
during the course of his Internship at Advocate Sharad
Srivastava, standing Council, Lucknow in partial fulfillment for
the award of B.A. LL.B. (Hons.) Degree [2017-2022].

I hereby declare that the following internship report is

originally prepared on the work experience obtained during the
tenure of internship from February 11, 2022 to March 31, 2022
and has not been submitted, in whole or in part, to any other
university or affiliated institute recognized by the Bar Council
of India for the award of any Degree or Diploma within the
territory of India. Certain personal details such as names of the
parties and their identity including their residential details etc.
have been deliberately not mentioned in the Internship Diary
owing to the Non-Disclosure Agreement.

17BLW002

BA. LLB (Hons) Regular –

Faculty of Law

Jamia Millia Islamia

2
 Table of Content
S.NO. PARTICULARS PAGE

1. Introduction

2. Internship Duties

3. PART A – Internship Certificate

4. PART B -
Facts and Analysis of the Internship

5. PART C -
Legal Documents drafted during
internship

1
 NTRODUCTION
Name of the Lawyer – Sharad Srivastava, Atanding Council Allahabad High
Curt (Lucknow bench), Uttar Pradesh.

Areas of Practice – Civil and criminal litigation (before Courts and Tribunals
in Lucknow), legal advisory, drafting Commercial Agreements, Advising on
Corporate Transactions, Securities law.

Courts of Practice – The Hon’ble Supreme Court of India and the Hon’ble
High Court of Allahabd, the National Company Law Tribunal, National
Company Law Appellate Tribunal

Office – A19, Umrao Bhadur Road, Lucknow.

2
I, Aman Prakash Singh, a fifth year student at Faculty of Law, Jamia Millia
Islamia, interned under Advocate Sharad Srivastava, Standing Council
Allahabad High Curt (Lucknow bench), Uttar Pradesh.

I interned after the 9th semester exam and thus got ample opportunity to
observe the court proceedings and to learn the intricacies involved therein.
The office staff consisted of Advocate Sharad Srivastava, along with two
other associates, one file clerks, and an office boy.

Advocate Sharad Srivastava, Standing Council Allahabad High Curt

(Lucknow bench), Uttar Pradesh has been practicing more than 15 years.

The work allotted to me included research work on case laws, reading case
files, assisting associates in drafting and visiting the court proceedings in
Supreme Court and High Court.

This diary is divided into two parts, wherein part 1 is the day-wise summary
of the internship and my experience and observations therein and part 2
consists of documents which I assisted in drafting during the internship
period.

I would like to express my heartfelt gratitude to Advocate Mr. Sharad

Srivastava under whose aegis and guidance, I was able to gain a very
enriching internship experience. His constant help and encouragement
helped me gain great insights into the practical workings of the field and
further understand and improve upon the art of legal drafting and research.
His guidance made this a great learning and important experience for future
professional development.

I would also like to thank Advocate Mr. Ankush Bhardwaj who works in the
capacity of an associate with Mr. Sharad Srivastava and also happen to be
my college senior his guidance as mentor and friend have always helped me
learn not only law but how to calmly deal with a stressful station that you
face while working as an advocate. It was a delight to see his journey from
the Moot court hall to the Hon’ble High Court.

3
 INTERNSHIP DUTIES:
RESEARCH: Research constitutes an important aspect of any internship
whether it is a law firm or a court internship. Hence one needs to be well
acquainted with various legal research tools, the prominent being
Manupatra, Lexis Nexis, Westlaw etc.

DRAFTING: Drafting skills require lots of hard work and patience. One
needs to be well versed with the various drafting specimens and formatting
skills in order to undertake and complete such assignments properly. Apart
from these, assignments may include proof reading of various legal
documents, observance of court proceedings, making notes on various legal
issues etc. and other task depending on the nature of the internship.

DAILY INTERNSHIP DUTIES:

1. Supporting the lawyers that come into the office and program.
Sitting in on meetings, briefings and appointments and offering
required assistance.

2. Organizing list of dates, chronology and case synopsis.

3. Reading any suggested law related materials for my own benefit.

4. Interacting to various lawyers in our office.

5. Research on judgments that are related to facts of cases.

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 PART B - DAY WISE SUMMARY

Date:12th February,2022

Entry No. 1
I had been asked to report to the office at 9:30 am sharp on my first day and
I reached half an hour in advance. I was asked to give a short introduction
and was explained some basic rules which I was supposed to adhere to,
after which everyone left to attend the matters in the Court. Mr. Ankush
Bardwaj an associate of sirs and my super senior from college was asked to
mentor me through the internship which would help me learn the ropes
faster.

Sir assigned a case file to read for which the reply had to be framed. The
office was stacked up with huge piles of files and an array of law books lined
the shelves. There were three desktops available for all kinds of legal
research.

After Sir returned for lunch to the office, he asked if I could understand the
issues involved in the case which he had assigned me to read and if I
could help with the drafting of the reply to the same. Intimidated at first, I
hesitated but Sir gauged my nervousness and explained to me in brief the
facts of the case and asked me to read the same again. The case related to
the vacation of injunction and having read it as a part of my curriculum in
CPC, I could identify the core issues once the facts were made clear to me.
By the time, I had completed reading the file, noting the list of dates and
making notes it was already 4:30 and I was asked to leave and to work on
the assigned task from the next day.

Observations:

The first day of internship left me with a lot of expectations since I was
assigned a significant task on the first day itself. Though the first half of the
day was quite uneventful since I could not appreciate the task of reading up
of case files and I found it too boring, the same feeling did not last post
lunch. Post lunch, after I was explained about the task at hand, I realised
that without thoroughly reading the case files, it is impossible to grasp the
core issues. Reading up the case file itself allowed me to learn about some
aspects of the court procedure too. I got the opportunity to see basic legal
documents such as the Vakalatnama as well and understood the particular
order in which the documents are arranged in a case file.

5
13th February,2022

Entry No.2

On the second day of my internship, I was given three days time to prepare
a detailed brief in the case of Uttar Pradesh Rajkiya Nirman Nigam Ltd.
(UPRNNL) Vs M/s C&C Construction Ltd. & Ors. The case pertained to a
contract between UPRNNL and M/s C&C Construction Ltd. for construction
of a Medical College Campus of Medical College, Almora. However, during
the existence of the said contract, a dispute arose. The said contract
included an ITB (information to Bidder) and a General contract clause. The
relevant clause of the GCC provided for selection of 3 arbitrators where as
the ITB included a provision for selection of a sole arbitrator. The instant
case relates to a dispute regarding how and by whom arbitration should be
carried out. During day 2 to 4 of my internship, I prepared a detailed draft of
the relevant terms and conditions of the said contract as well as the time
line of how the dispute had progressed and reached the current situation. I
also prepared a brief of the grounds which were taken by the petitioners for
filing a writ petition against the respondents.

6
17th February,2022

Entry No.3

Having submitted the brief to sir, I was called into his office to discuss the
case. Sir explained various legal issues involved in the case and took in out
from me regarding how I thought we should proceed with our arguments. I
was then asked to research cases which could be used by us in support of
our arguments. I carried out detailed research with the help of Manupatra
and SCC Online and came up with the following cases:-

Narayan Prasad Lohia Vs. Nikunj Kumar Lohia & Ors (2002) 3 scc 572

In this case, the court held that:

1. No right to challenge award arises if composition of arbitral

tribunal or arbitral procedure is in accordance with the agreement
of parties even though the composition or procedure is in
accordance with the agreement of parties even though the
composition or procedure is in conflict with provisions of the
contract.
2. It was further held that unless an objection is before the tribunal
itself within the time prescribed under section 16(2), there would
be a deemed waiver under section 4.

Inox wind Ltd. V Thermocables Ltd. (2018) 2 SCC 519:

In this case, it was held that:

7
1. Where there is a reference to a document in a contract and the
reference shows that the document was not intended to be
incorporated in entirety, then the reference will not make the
arbitration clause in the document a part of the contract unless
there is a special reference to the arbitration clause so as to make
it applicable.
2. In single contract cases, a general reference would be sufficient for
incorporation of an arbitration clause from a standard form of
contract. In cases falling under two-contract cases, a stricter rule
has to be followed by insisting on a special reference to the
arbitration clause from an earlier contract. (Reference to a
secondary document in a contract between two parties and
secondary document is a contract to which atleast one party is
different from the parties to the contract in question).
3. Russell on Arbitration: an arbitration clause in an earlier contract
cannot be incorporated by a general reference. The exception to
this rule is a reference to a standard form of contract by a trade
association or a professional institution in which case a general
reference would be sufficient for incorporation of an arbitration
clause.
4. Though a general reference to an earlier contract is not sufficient
for incorporation of an arbitration clause in the later contract, a
general reference to a standard form would be enough for
incorporation of the arbitration clause.

8
18th February 2022

Entry No. 4

I was allotted the task of drafting a criminal complaint under section 156(3)
of the Code of Criminal Procedure, 1973. The complaint invoked the
jurisdiction of Chief Judicial Magistrate of the Lucknow Session Court under
Section 156 (3) of the Cr. P.C to direct the concerned police department to
register FIR, investigate the matter properly and take appropriate penal
action against the accused persons who had been harassing the daughter of
the client with repeated demands for dowry and subjecting her to cruelty
which ultimately led to her death. The accused had tried to give the
incident colour of a suicide. Even after repeated requests, the police
officials deliberately and intentionally did not file the FIR and without
carrying out the investigation tried to hush up the matter by telling the
Complainant that the deceased had committed suicide. After this, I also
helped in the making of the Index of the paper book in a certain matter
wherein I was asked to number the annexures and add the details
accordingly in the index.

Observations:

I had learnt about the concepts contained in Cr.P.C regarding filing of First
Information Report as a part of our curriculum. We had learnt that if Police

9
officer concerned (SHO), refuses to Register complaint/FIR, than by virtue of
section 154(3), a written Complaint may be sent by Post to the
Superintendent of Police or the Commissioner of Police (in Metropolitan
areas); and the copy of said Complaint may also be sent to the office of the
Chief Justice of the concerned High Court of the State. If Superintendent of
Police or the Commissioner of Police (in Metropolitan areas) is satisfied that
the Complaint discloses cognizable offence, he may himself investigate the
case or cause the investigation of the case by any Police officer subordinate
to him. A written Complaint in the form of a Letter may be made to the
concerned Judicial / Metropolitan Magistrate, and the Magistrate is
empowered to take cognizance of the said letter complaint by virtue of
section 190 of CrPC, 1973. However, the Magistrate concerned is at
discretion to act or not to act on the said Letter Complaint. An Application
can be made u/s 156(3) read with section 190 of CrPC, 1973, before the
Judicial Magistrate / Metropolitan Magistrate, thereby praying that Police to
register the FIR, Investigate the case and file the Report / Chargesheet
before him.

It was a great learning experience to see the actual machinery in motion

about which we had learnt. I realised how the solution to the problem of
refusal to register FIR, which is a common grievance of people, has already
been given in the law. It’s only a matter of right guidance and advice and
once a person is aware of his legal rights and these remedies available to
them, these grievances can be reduced to a great extent.

10
21st February, 2022

Entry No.5

I accompanied an associate to Lucknow family Court for a matter related to

withdrawal of a petition under Domestic Violence Act since the parties had
agreed for a mutual divorce. However, since the Judge was on leave, we had
to return after taking the next date. Since the parties had settled for a
mutual divorce, the petition under the Domestic Violence Act had to be
withdrawn before the Divorce Petition could be filed. Thus, we requested for
an early date so that the proceedings are withdrawn before the matter for
the Divorce Petition comes up for hearing. The Associate helped me to
understand how the cause lists are to be read and also asked me to check
for the cause lists online. Since this was my first visit to the District Court
at this internship, I took some time to observe the court rooms and the
premises of the whole building.

Observations:

I observed that the court rooms were not as systematic and organised as the
High Court and the Supreme Court as one would expect. Moreover, the

11
proceedings seemed quite informal. Judges, were mostly inaudible, due to
the din always surrounding the court rooms. The lawyers and even the
judges talk in both, Hindi and English and have interactions with the
litigant as well in several cases. The cause lists are pinned outside the court
rooms, stating the name of the judge, his designation and the matters listed
for the day. A person in the courtroom keeps announcing the matter
numbers and the parties come forward. Each matter, on an average takes 3-
4 minutes and presumably a judge hears 30-40 matters in a day.

12
23rd February,2022

Entry No.6

Since there were no matters in any court today, I was asked to report
directly to the office.

The senior counsel asked me to research on the Sexual Harassment at

Workplace (Prevention, Prohibition and Redressal)Act, 2013, focusing on
Section 2(a), which defines ‘aggrieved woman’, Section 2(f), which defines
‘employee’, Section 2(g), which defines ‘employer’, Section 2(n), which defines
‘Sexual Harassment’, Section 2(o), which defines ‘Workplace’. The question
of law involved adjudging whether the ‘Notional Extension of Workplace’
theory could be applied to the aforementioned Act as well, while deciding
whether a case falls under the Act.

I was also asked to find relevant cases and that talked about the ‘Notional
Extension of Workplace’ theory and prepare a brief report on the same. After

13
researching for the same on SCC and Manupatra, I came up with the
following cases:

1. The New India Assurance Company v Tmt.S.Jayanthi

2. Regional Director, E.S.I Corpn. v Francis De Costa And Anr,

3. Mackinnon Mackenzie & Co. Pvt. Ltd v Ibrahim Mahommed Issak,

4. Employees' State Insurance Corporation v. Francis De Costa

5. National Insurance Co. Ltd. v. Suman Devi and another

6. Superintending Engineer, Tamil Nadu Electricity Board and another v.

Sankupathy

7. B.E.S.T Undertaking v Agnes

8. New India Assurance Co. Ltd. vs Ujjala Debbath And Ors.

9. Smt. Rohini Shamrao Burud vs Hindustan Petroleum Corporation

10. Smt. Durgabai And Others vs The Employees' State Insurance ... on 7
February, 2001

14
24th February,2022
Entry No.7

Since it was an unusually slow day at work, I had not been assigned any
specific work for the day and I helped the clerk in the drafting of several
documents and helping in the proofreading of the drafts already prepared.
Today I also drafted a Will the facts of which were given to me by one of the
associate. Proofreading though is a tedious and boring task yet one could
not overlook its significance since even seemingly minor errors may lead to
unnecessary delay in the proceedings and much embarrassment for the
advocate. I was asked to leave early as there was not much work to do.

Observations:

It was quite an uneventful day since there was hardly any work for me. I
realised that not every day in this profession could be as interesting as it
appears to be. Once you understand the process, the procedural
technicalities seem mundane. However, I understood the importance of
being very accurate and meticulous while drafting any legal document.
Attention to detail is the key and efficient lawyers are particular that even
minor errors may not creep in the drafts. Minor errors may also become
reasons for much embarrassment in Court and nothing spoils the
impression of a lawyer than a badly drafted case. Especially in the Higher
Courts, Judges can be extremely particular about these things which often
seem trivial to us.

15
ate: 25th February 2022
Entry No.8

Research work been given on the following topic:

Right To Information
“Open government is the new democratic culture of an open society
towards which every liberal democracy is moving and our country
should be no exception”
-J. P.N. Bhagwati
(As quoted in S.P. Gupta v. President of India)

What is information?
Information means any material in any form, including records,
documents, memos, e-mails, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, models, data
material held in any electronic form and information relating to any
private body which can be accessed by a public authority under any other
law for the time being in force. (Sec. 2(f), RTI Act, 2005)

The SC has clarified the definition of information by stating that “Of

course, under the RTI Act an applicant is entitled to get copy of the
opinions, advices, circulars, orders, etc., but he cannot ask for any
information as to why such opinions, advices, circulars, orders, etc. have
been passed, especially in matters pertaining to judicial decisions. A judge
speaks through his judgments or orders passed by him. If any party feels
aggrieved by the order/judgment passed by a judge, the remedy available
to such a party is either to challenge the same by way of appeal or by
revision or any other legally permissible mode. No litigant can be allowed
to seek information as to why and for what reasons the judge had come to
a particular decision or conclusion. A judge is not bound to explain later
on for what reasons he had come to such a conclusion.”

Citizens, as already indicated by us, have a right to get information, but

can have access only to the information held under the control of public
authorities & with limitations. If the information is not statutorily
accessible by a public authority, as defined in Section 2(h) of the Act,
evidently, those information will not be under the control of the public

16
authority. Resultantly, it will not be possible for the citizens to secure
access to those information which are not under the control of the public
authority. Citizens, in that event, can always claim a right to privacy, the
right of a citizen to access information should be respected, so also a
citizen’s right to privacy.

17
28th February,2022

Entry No.9

I was given a list of cases pertaining to Pension Provisions and was asked to
prepare case briefs. The same had to be used by the associate while
attending to a matter relating to the denial of Pension to a client.

Further, I also helped another Associate in the drafting of a consumer

complaint relating to a matter of fraud by a construction company which
had duped the clients and fled away after taking money from them. The
company after taking huge amounts of money from several clients and after
making false assurances and promises about timely delivery of possession
had disappeared and even after repeated attempts by the clients to contact

18
them, there was no response from their side. I was asked to draft a legal
notice for the same and then work on the draft of the consumer complaint
as well. The case file was to be prepared and I was asked to note down the
details of the photocopies of the Memorandum of Understanding, the
receipts of the payments, the copies of the cheques and the cheque
numbers, the brochures of the company, the copies of F.I.R., if the same
had been filed by the client which were to be attached as annexures with the
consumer complaint. Also, any email correspondence which took place
between the client and the company was to be traced and the copies of the
same to be attached to establish how false assurances were repeatedly given
by the company to dupe the clients.

Later that day, Sir asked me about my experience of attending the Court
proceedings and asked me to sum up the arguments which I had observed. I
had taken copious notes of the same and presented the same before her.
Impressed by my keen interest in the issue, he asked me to attend the
matter regularly and to submit at the end of the internship an analysis of
the issue.

Observations:

I learnt the art of drafting a consumer complaint and how the several
exhibits have to be attached and how the case file is prepared. Case files
need to be maintained in proper order. It will become an extremely difficult
task to work on any matter if the relevant documents and papers regarding
the same are not in order, thus, a lawyer needs to be very organised and
meticulous. In the midst of hundreds of files in the Chamber, it can get very
confusing and thus sequencing of documents within individual file folders
has to be done systematically. Things like the any correspondence or the
Court records have to be in reverse chronological order and the individual
case files have to be arranged alphabetically for ease of access. Record
Management is yet another skill which a lawyer needs to excel in, in order to
operate smoothly in the field.

19
 1st March 2022

Entry No. 10

IN THE HON’BLE COURT OF SHRI PRITAM DUTT, JUDGE

FAMILY COURTS, LUCKNOW

IN THE MATTER OF:-

ARVIND PATHAK …PETITIONER

VERSUS
ANJALI PATHAK ...RESPONDENT

1. NATURE OF THE CASE : CIVIL

2. COUNSEL APPEARING ON BEHALF OF : ARVIND PATHAK
3. LAW INVOLVED : SECTION 13 OF HINDU MARRIGE ACT ,1955

FACTS:

That the marriage between the Petitioner and Respondent was solemnized on 19th
OCTUBER, 2014 at New Delhi according to hindu rites and rituals.That after marriage, both the
parties resided and cohabited together as husband and wife at their residence. It is further 2
children was born out of the wedlock of the parties.

That on account of irreconcilable differences between the parties with regard to their
nature, habits, ideas and temperament, the parties separated w.e.f 20th January, 2019. It is
further submitted that all the efforts made by the relatives and friends of the parties from time to
time to bring about a reconciliation between the parties and to enable them to live together were
futile.

That it is submitted that the marriage between the parties has broken down irretrievably
and that there is no chance of reconciliation now or at any time in future

20
OBSERVATION

 The respondent was not presented at the time of call so judge asked to wait for
the respondent and his counsel. But the Accused or his counsel does not appear. Then
the respondent is X party case was adjourned for 01.07.2022

Next Date Of Hearing: 01/07/2022

21
2ND MARCH 2022

ENTRY NO. 11

The research work was given on Quashing of FIR and its relevancy.

Defences that may be available, or facts/aspects which when established during the trial, may lead
to acquittal, are not grounds for quashing the complaint at the threshold. At that stage, the only
question relevant is whether the averments in the complaint spell out the ingredients of a criminal
offence ornot.
(Kamal Shivaji Pokarnekar vs. The State of Maharashtra and Ors. (2019) 14 SCC 350)

Cases may also arise where the allegations in the First Information Report or the complaint, even if
they are taken at their face value and accepted in their entirety, do not constitute the offence
alleged; in such cases no question of appreciating evidence arises; it is a matter merely of looking at
the complaint or the First Information Report to decide whether the offence alleged is disclosed or
not. The High Court would not embark upon an enquiry as to whether the evidence in question is
reliable or not. That is the function of the trial magistrate, and ordinarily it would not be open to any
party to invoke the High Court's inherent jurisdiction and contend that on a reasonable appreciation
of the evidence the accusation made against the accused would not be sustained
(R.P. Kapur vs. The State of Punjab AIR 1960 SC 866)

• It is not, however, necessary that there should be meticulous analysis of the case before the
trial to find out whether the case would end in conviction or acquittal. The complaint has to be read
as a whole. If it appears that on consideration of the allegations in the light of the statement made on
oath of the complainant that the ingredients of the offence or offences are disclosed and there is no
material to show that the complaint is mala fide, frivolous or vexatious, in that event there would be
no justification for interference by the High Court. When an information is lodged at the police
station and an offence is registered, then the mala fides of the informant would be of secondary
importance. It is the material collected during the investigation and evidence led in court which
decides the fate of the accused person. The allegations of mala fides against the informant are of no
consequence and cannot by themselves be the basis for quashing the proceedings.
(Zandu Pharmaceutical Works Ltd. and Ors. vs. Md. Sharaful Haque and Ors. (2005) 1 SCC 122)

• It is well settled by a long course of decisions of this Court that for the purpose of exercising
its power Under Section 482 Cr. P.C. to quash a FIR or a complaint the High Court would have to
proceed entirely on the basis of the allegations made in the complaint or the documents
accompanying the same per se. It has no jurisdiction to examine the correctness or otherwise of the
allegations.
(Pratibha Rani v. Suraj Kumar and Anr. 1985 CriLJ 817)

• The jurisdiction Under Section 482 of the Code has to be exercised sparingly and with
circumspection and has given the working that in exercising that jurisdiction, the High Court should
not embark upon an enquiry whether the allegations in the complaint are likely to be established by
evidence ornot.
(State of Bihar v. Murad Ali Khan and Ors. 1989 CriLJ 1005)

22
• The High Court ordinarily would not exercise its inherent jurisdiction to quash a
criminal proceeding and, in particular, a first information report unless the allegations
contained therein, even if given face value and taken to be correct in their entirety,
disclosed no cognizable offence. For the said purpose the Court, save and except in very
exceptional circumstances, would not look to any document relied upon by the defence.
While exercising jurisdiction under Section 482 of the Cr.P.C., it is not permissible for the
Court to act as if it was a trial Court. Even when charge is framed at that stage, the Court
has to only prima facie be satisfied about existence of sufficient ground for proceeding
against theaccused.
(R. Kalyani v. Janak C. Mehta (2009) 1 SCC 516)

• It is settled law that the evidence produced by the Accused in his defence cannot
be looked into by the Court, except in very exceptional circumstances, at the initial stage
of the criminal proceedings. It is trite law that the High Court cannot embark upon the
appreciation of evidence while considering the petition filed Under Section 482 Code of
Criminal Procedure for quashing criminalproceedings
(Rajeev Kourav vs. Baisahab and Ors. (2020) 3 SCC 317)

23
 Date: 3rd March 2022

Entry No. 13

CASE NO.:19
IN THE HON’BLE JUSTICE MR. CHANDER MOHAN.
HIGH COURTS OF ALLAHABAD (LUCKNOW BENCH) AT
LUCKNOW

IN THE MATTER OF :
SAGAR & ORS.
…PETITIONERS
VERSUS
THE STATE(GOVT OF NCTOF DELHI) & ANR.
…RESPONDENTS
QUASHING OF F.I.R. UNDER SECTION 498A,406/34 OF I.P.C. REGISTERED AS P.S.
NIRALANAGAR.

FACTS

That the marriage between the Petitioner NO1(SAGAR) and Respondent NO.2 (ANU)was
solemnized on 19th OCTOBER, 2016 at Niralanagar according to hindu rites and rituals. That
after marriage, both the parties resided and cohabited together as husband and wife at their
residence. It is further 1 children was born out of the wedlock of the parties.

The respondent logged F.I.R against the in-laws under section 498A,406 of I.P.C.
 The Respondent filed a divorce petition on the ground of curtly by the
complainant and stated the present case is false and fabricated.
 Complainant along with Respondent No.1 was having a separate independent
accommodation whereas in-laws resided in separate accommodation.
 Both are living separately since 2 years

24
  In terms of settlement marriage between petitioner no.1 and the respondent
no.2 /complainant has been dissolved by a decree of divorce by mutual consent as full
and final settlement of all the claims that is, maintenance , streedhan and alimony etc. of
the respondent no.2 , the petitioner no.1 has to pay a sum of rs.5,00,000/- to the
respondent no.2 out of which she has already received a sum of Rs. 4,00,000and the
balance pay at the time of quashing of F.I.R Request To Quashed The F.I.R under
section 498A , 406 OF I.P.Cby the Hon’ble Court .and the custody of child Petitioner
No.1.

OBSERVATION

Petitioners who are present in the court and are identified by the learned counsel affirm the
statement of respondent No.2 and undertake to abide by the terms of settlement arrived between
the parties in the interest of justice Hon’ble court quashed the .parties have signed the this order
sheet in acknowledgement of their statement made Before This Court petition is disposed and
order of dasti.

QUASHED F.I.R.

25
Date: 4th March 2022
Entry No. 14
The research work has been assigned to me on finding out the case laws and provisons of
Domestic Violence Act.

The Protection of Women from Domestic Violence Act, under Section 23, specifically provides
for ex-parte and interim orders for protection, residence, monetary relief, child custody, etc, to
be granted to women facing domestic violence. Section 23 (1) refers to interim orders generally
and Section 23 (2) provides specifically for ex-parte orders.

Usually, protection orders restraining the abuser from committing any further acts of domestic
violence are easily obtained from the courts as they are negative orders. Positive orders such as
residence orders, maintenance and custody orders are more difficult to obtain and usually take a
long time as notices must be issued to the respondents, after which they are required to file their
reply, then arguments are heard on the applications and finally orders are passed. 

A 2009 judgment by the Karnataka High Court, however, the procedure of even granting
interim orders has been brought to a standstill. Justice Jawad Rahim in Krishna Murthy
Nookula vs Y Savitha held that before granting any interim relief the magistrate had to
conduct an inquiry as prescribed under the Code of Criminal Procedure for summons cases, and
pass orders only after taking evidence in the matter. He only excluded orders granted ex-parte,
and held that all other interim relief orders could be passed only after taking evidence, which
could take months, even a year or two. Holding that even interim relief will be available after
collecting evidence undermines Section 23 of the PWDVA which provides for the claiming of
immediate interim relief.

Following this high court decision, most magistrates across the state are granting ex-parte orders
only where required, leaving maintenance and residence orders to be decided after evidence has
been taken.

26
Date: 7th March 2022
Entry No. 15

I was asked to research on Sections 74, 76 and 77 of the Indian Evidence Act. The
question dealt with the issue of proof of public documents in court. In the matter,
the Society registration certificate for the society hadn’t been filed and I was asked
to research on the issue that if such a situation arises where the original certificate
which is a public document, has not been filed, how could the registration of
society be proved. I found that a public document can always be proved by
production of certified copies prepared under Section 76 Evidence Act as provided
in Section 77 of the same Act and that a certified copy of a public document need
not have been proved by calling a witness. Sec 76 provides that every public officer
having the custody of a public document, which any person has a right to inspect,
shall give that person on demand a copy of it on payment of the legal fees therefore,
together with a certificate written at the foot of such copy that it is a true copy of
such document or part thereof, as the case may be and such copies so certified
shall be called certified copies and certified copies may be produced in proof of the
contents of the public documents or parts of the public documents of which they
purport to be copies as given under Sec 76. After that I accompanied an Associate
to Patiala House Court and observed some court proceedings relating to Negotiable
Instruments Act.

27
Observations:

It was a normal day with mainly research work for me. I was well versed with the
provisions of Indian Evidence Act and had no difficulty in finding out the relevant
case laws. The day at the Court was also usual. It was quite an uneventful day.

28
Date: 9th March 2022

Entry No. 16

IN THE COURT OF Mr. BALWANT RAI BANSAL,

ADJ DISTRICT COURT,LUCKNOW

INTHEMATTEROF:

RAJKR.BHARTI ….COMPLAINANT

VERSUS

BINDUPRAJAPATI&ORS. ….DEFENDANT

Suit forpossession

BRIEF FACTS:The defendant no. 2 Mrs. Neelam Sharma had entered into
an agreement with defendant no. 1 on 09/08/2010 for developing and
construction of her property bearing no. RZF 99/11 situated at gali no. 41A,
Sadh Nagar Part-II, Gomti Nagar, Lucknow where in it was agreed upon
between defendantno.1 and2 thatdefendantno.1 shall construct 8 flats
admeasuring 77.25 sq. yards of each flat, 5 shops and a one BHK flat on the
ground floor/stilt floor out of which 5 flats bearing no. U1, F1, S1, T1 and
T2 shall be in the possession of defendant no. 2 while flats no. U2, F2, and
S2 out of 8 flats will be in the possession of defendant no. 2 along with three
reserved car parking. Apart from 5 flats the defendant no. 2 would also have
5 shops, a 1 BHK flat and car parking on the ground/stiltfloor. It was
further agreed upon that before construction of the said building, the
defendant no. 2 shall execute sale deeds in favour of defendant no. 1 in
respect of flat nos. U2, F2 andS2. It was further agreed upon that the
defendant no. 1 shall complete the building as per mapand time schedule as
mentionedin the agreement dated 09/08/2010. If the defendantno. 1will not
complete the building in time and according to the map, the defendant no. 2
will havefull right to cancel the above mentioned sale deeds and the
defendant no. 1 will have noobjectionforthesame.

29
On the basis of aforesaid sale deeds the defendant no. 1 has sold the suit
property i.e. flat no.S2 with one car parking situated on the second floor of the
building to plaintiff as
mentionedintheplaint.Itispertinenttomentionherethatthebuildingbearingno.RZ
F99/11situatedat gali no. 41A, Sadh Nagar Part-II, Gomti Nagar , Lucknow
was sealed by the building department, Najafgarh zone, MCD on 28/02/2011
and partial demolition action was taken against the unauthorized construction
of the building when the building was at an initial stage. On the basis of the
sale deed executed by defendant no. 2 in favour of defendant no. 1before
construction of the building the defendant no. 1 had sold the suit property to
plaintiff on 22/07/2011 as stated in the plaint though the defendant no. 2
had no knowledge of the same.
OBSERVATION:Thedefendantno.2requestedforpermissiontoamendhiswritte
nstatement and the court granted the same as there was a change in the list
of issues due to new facts coming to light.

PURPOSE: Mattersetfor examinationofD2W1.

30
10th March 2022
Entry No. 17

Sir was in the office because of some urgent matter. I was told to continue with the
drafting of the reply of the case that I had begun with the previous day. I started
working on the reply to the grounds in the case. Also, a draft had to be prepared
urgently in the matter of dishonour of cheque. I prepared the draft for the suit
under Section 138 of the Negotiable Instruments Act for the recovery of the sum. I
asked the clerk about the format which has to be followed and the details of the
court before which the matter was listed. I also helped in the making of the paper
book in another matter which was to be filed on the coming Monday. By the time I
left, I had completed the draft of the recovery suit and the reply to some of the
grounds of the case.

Observations:

It was a usual day and I did several random tasks along with the preparation of
some drafts. I learnt a new draft and about the provisions of the Negotiable
Instruments Act.

31
Date: 11th March 2022
Entry No. 18

 Drafted regular bail application for complaint lodged under S,

365, 344, 323, 501, 506(2), 114,IPC.
 Drafted reply to cross objections on behalf of the appellant to
the cross objections filed by the respondent under O. XVI, R.22
r/w S.151, CPC.
 DraftingofrejoinderinthematterofAmbujaCementsLtd.
 Research questions allotted–
1. GiveabriefoftheprovisionsrelatingtothepersonalguarantorsunderIBC
?
2. Whatisthestatusofinsolvencyinitiationagainstcorporateguarantor?
In the case of Ferro Alloys Corporation Limited v Rural
Electrification Corporation Ltd. it was held that on a
harmonious and purposeful reading of the definitions of
corporate person, corporate debtor, debt, claim, financial
debt, operational debt, financial creditor and default, it can
be concluded that as soon as a guarantee is invoked the
said guarantee becomes a debt and thereafter a guarantor
becomes a 'corporate debtor'. Hence, corporate insolvency
resolution process can be initiated against the guarantor
who is a ‘corporate person’ and who by operation of law ipso
facto becomes a ‘corporate debtor’ by satisfying the
ingredients as required for a ‘corporate person’. It further
held that without initiating insolvency resolution process
against the principal borrower it is always open to a
'financial creditor' to initiate insolvency resolution process
under Section 7, IBC against a 'corporate guarantor' as the
creditor is also the 'financial creditor' qua 'corporate
guarantor’.
3. What is the role of Adjudicating Authority over are solution plan?

32
 Weekly Report

Date: 14th March 2022 -18th March 2022

Entry No. 19

I was given another case file where an application for anticipatory bail under
Section 438, CrPc, 1973 was to be drafted. I was given a few days’ time to read the
case, make a brief on the events that took place and eventually draft the
application for grant of anticipatory bail. The case Suresh v State, pertained to a
situation where the applicant apprehended an arrest.

FACTS: The applicant has been married to his wife for a period of one year and also
have child from the marriage. A few months back, he found out that she was
having an extra-marital affair with a friend of hers. Though he was shocked, he
chose to forgive her for the sake of protecting their marriage and their child.
However, she refused to stop her illicit affair and even refused to seek divorce
because the husband was financially secure. She has constantly being asking the
applicant for money for her illicit activities, which the applicant eventually refused.
She has been threatening to file a fake case against him under Section 498-A IPC,
in a bid to falsely implicate him under the said offence unless he pays heed to her
demands. The wife is extremely violent and would go the extent of hurting herself
physically to weave a fake case against him. The applicant apprehends arrest on
the same and wants to apply for grant of an anticipatory bail in case of an arrest.

In the course of the day, I drafted the said application for grant anticipatory bail
under Section 438 CrPC, 1973.

33
Entry No. 20

I was asked to report to the high court at 10:30 a.m. to attend the court hearings. I
attended the proceedings of the following case:

In the Hon’ble High Court of Allahabad (Lucknow bench)

In the matter of: Ravneet Singh & Ors. V. State

FACTS:

A girl named Aastha Kapoor, wife of Appellant No.1 committed suicide

within one year of her marriage at her matrimonial home. Husband and in

laws of the deceased i.e the Appellants apprehended arrest by the police so,

filed anticipatory bail in lower court which was rejected and hence, this

appeal.

PROCEEDINGS:

This Hon’ble court earlier on various dates heard both the parties, called for

status report by the SHO concerned and kept granting anticipatory bail to the

Appellants till next date of hearing with a condition to cooperate in the

investigation. The father of the deceased was unhappy with the conduct of the

Hon’ble Court and represented his displeasure to the Court which was highly
admonished by the Court.

In the matter of: Kapil V. State

FACTS:

The Appellant was accused of raping a woman on the pretext of treating her

stomach by Reiki method. The Appellant was a man of 70 years of age, was

already in jail for more than two months. His bail application was rejected by

the lower court, hence this appeal.

PROCEEDINGS:
34
This Hon’ble Court after hearing the matter for hardly 5 minutes put it for next

hearing after two months. On request by the counsel of the Appellant for early hearing

of the Application, the matter was fixed for next hearing after 10 days.

After court hours, I was asked to draft a license agreement for an outhouse to be let out by
the owner.

35
Date: 21st March 2022- 25th March 2022

Entry 21

 DraftedplaintunderOXXXVII,R.2,CPCforthere
overyofmoney.
 ABOUT THECASE-
The matter was regarding the faulty consignment that was delivered
late to the Plaintiff and the promised quality of the product was
compromised too. Therefore, the matter was moved for the recovery of
money.
 Drafted Bail application for applicant charged under Section 341,
392, IPC r/w S. 397, 506,IPC.
ABOUT THECASE-
The petitioner was charged for threatening a man, late in the evening
and forcing him to give all the valuables and jewellery.
 To research on the settled laws regarding the broadcasting rights in
India and the copyright claims over thesame.
Researched on the definitions of “Broadcasting” and “Broadcasting
Agency”, salient features of approved policy for FM Radio Phase III,
General rules of conduct in advertising.

36
Entry No. 22

Read and understood the procedure of filingTMA.

DraftingofTM-6(CounterClaim)inthematterofArgos.
ResearchontopicsrelatedtoInsolvencyandBankruptcyCode-
DoesNCLTahsthejurisdictiontoenquireintothequestionsoffraud?
The jurisdiction of NCLT viz-a-viz HC was discussed and the SC held that
NCLT and NCLAT have the jurisdiction to enquire into the questions of fraud
but they do not have the authority to adjudicate upon the disputes arising out
of other public laws especially if the dispute revolves around the decision of
statutory and quasi-judicial authority which can be corrected only by the way
of judicial review of the administrative action.
[Case reference – M/s Embassy Property Developments Pvt Ltd v State of
Karnataka & Ors.].
Whether a Sole proprietorship firm can file application under Section 7 or
Section 9 ofIBC?
A sole proprietorship firm is not covered under the definition of “person” in
IBC. [case reference – R.G. Steels v Berry Auto Ancillaries (P) Ltd. ].
The decision was reversed by NCLAT and held that Section 2 of the code would
be applicable to the sole proprietorship firms as well and the definition of
“person” u/s 3(23) is not exclusive but inclusive.
[case reference- Neeta Saha v Mr. Ram Niwas Gupta]

37
Date: 28 March 2022- 31st March 2022

Entry No. 23

BEFORE THE HON’BLE COURT OF LD.NEETU SINGH,

MAHILA COURT,LUCKNOW.

IN THE MATTER OF :

STATE ...COMPLAINANT

VERSUS

SATISH …ACCUSED

1. NATURE OF THE CASE : CRIMINAL

2. COUNSEL APPEARING ON BEHALF OF : SATISH
3. LAW INVOLVED : SECTION 323, 354 A, 354, 509,34 OF INDIAN PENAL CODE, 1860 .

FIR NO. 432OF 2015

POLICE STATION- DALIGANJ

FACTS
That the complainant has been living with her aunt along with her , ALIGANJ , LUCKNOW after the
death of her parents.

Around 8:15 PM when the complainant was alone with her aunt’s daughter, the accused who was the
owner of the flat where the complainant lives came inside the house in a drunken state .It is further
submitted that the accused forced the complainant to have unnatural sex with him by removing his
clothes and said, “AGAR AAGE SE NAHI KARNA , TOH PEECHE SE KARLE”, to which the
complainant hid her face in a blanket and screamed loudly. It is further submitted that after listening the
complainant’s scream . It is pertinent to mention that the accused went when the complainant shouted
and asked the accused to leave but then he later came again to threaten the complainant that if she told
38
about this to anyone, he would do something worse with her.

That after some days the accused again tried to enter the house when the complainant was alone but the
complainant did not let the accused come inside by locking the door immediately. It is further submitted
that the complainant was so scared that she told about this incident to her elder sister who in fact told this
to her aunt.

OBSERVATION

The matter was fixed for cross examination of the complainant. It was observed that a next date of
hearing was given as 28.07.2022 since the Ld. PO was on Leave.

NEXT DATE OF HEARING :28/07/2022

39
Entry No. 24

As it was my last week of internship so not much work been assigned to me and here
I am concluding my internship experience under my advocate Advocate Sharad
Srivastava who helped me growing in every way.
This internship was definitely one of its kind for the simple reason that we are
facing unprecedented times right now. Despite that fact, this internship gave a
kick-start to my journey as I plan to pursue litigation in future. I have observed a
huge transformation in myself during this time span. I learned a lot during this
internship. The learnings were massive.
Even though I could not attend court proceedings, her valuable insights into the
cases helped me to know the practical side of how law works. Then I was also
given the task of preparing case notes, which made me improve the pace of
sweeping through the files and navigating fast. Preparing case notes helped me
how to navigate through a heavy case file i.e. whether to read the prayer clause
first or the impugned order. The associates helped me with the format of case
notes as well i.e. how to substantiate a lengthy file into a concise brief note. I was
also fortunate enough to draft an Impleadment Application on my own as well as
helped in drafting SLPs which improved my drafting skills.
My major responsibility was to make the case briefs and research on propositions
of law which sir would instruct upon. I also prepared briefs for webinars which
used to be conducted by sir. Since these webinars would include contemporary
topics of law with a wide audience, this task was given much importance with sir
personally going through our briefs and used to give her inputs on the topic.
The best learning of my internship was to brief sir on cases as well as attend
video conferences which would involve other briefing counsels, senior advocates
and government officers . This Internship gave me an amazing opportunity to
understand how things work in the real word as I would had never been able to
attend these conferences in a physical internship as they would happen late at
night.
However, one thing that I personally believe was my most important learning was to
witness how sir was very calm in cases which involved high stakes and would listen
to every opinion patiently, even that of interns and then form an opinion of her own
and lay down the strategy of a case. This really helped to understand how advocacy
works in the real world and how before framing arguments for a case, both pros and
cons are weighed and discussed for a substantial time.

40
During the course of this internship I also got the opportunity to learn
from the associates, who were recent graduates who helped me how to
manage my time during law school and the areas in which I can improve
upon. Another great thing I learnt was to improve my speaking skills by
giving presentations on various research topics as well as “netiquette”
that is, how to sit, how to dress, how to talk, how to respond, etc. on a
virtual platform. Therefore, this internship gave me a different
experience altogether and proved to be very knowledgeable for me

41
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