Delhi High Court quashes FIR filed against First Year Law Student for appearing as Proxy Counsel in MM's Court

The Delhi High Court recently quashed a First Information Report (FIR) registered against a first-year law student who appeared as a proxy counsel before a Metropolitan Magistrate’s court.

Justice Anish Dayal said, “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 was hearing a plea filed by one Shweta, a first-year law student for quashing the order dated August 20 passed by the Metropolitan Magistrate, Dwarka Courts, Delhi. Shweta’s case was that she on the instructions of Advocate Chandni appeared before the trial court to take adjournments in two cases.

On August 20, when Shweta appeared before the MM, and certain questions were asked from her regarding the matter, she stood silent, as she was only instructed to take dates and was unaware of the matter. On not receiving a proper response from her, the MM took her into court custody and took cognizance against her under Sections 177 (Furnishing false information) and 179 (Refusing to answer public servant authorized to question) of IPC.

Thereafter, an FIR was registered against Shweta on September 8, by the Honorary Secretary of the Dwarka Bar Association on the same issue. On an inquiry by the Secretary of the Dwarka Bar Association, the MM was informed that Shweta is a First-year law student. Subsequently, after disclosure of the facts, the MM observed that Shweta was furnishing false information and impersonating herself to be a proxy counsel before the Court.

Thus, the MM proceeded against Shweta for offences under Sections 177 and 179 IPC, and an FIR was registered against her under Sections 419 (cheating by personation) and 209 (Dishonestly making false claim in Court) of IPC.

Taking note of the submissions and on perusal of records in the case, the court opined that the issue was amplified disproportionately before the MM, especially when Shweta fairly disclosed that she was a First Year LLB student.

The court noted that as per the transcription of the proceedings on that date, it appeared that Shweta was either perplexed or unable to deal with the situation that was presented to her. The single-judge bench also noted that Shweta had filed an undertaking where she stated: “I shall never appear before any Court as proxy/ counsel / an advocate till I have got enrolled with Bar Council” and “I am accepting my mistake and regretting my mistake for appearing before learned Court and this undertaking may also be treated as my unconditional apology to BCI, BCD, and all Court Associations”.

Taking note of the undertaking, the court opined that there was no purpose served for proceedings in the FIR to continue and the matter being proceeded further under the orders of the MM. Accordingly, Justice Dayal held, “the said FIR No.473/2022 registered at PS Dwarka (South) is hereby quashed to secure the ends of justice. No further steps are necessitated under the order dated 20th August 2022 passed by the learned Metropolitan Magistrate”.

Case Title: Shweta v. GNCTD and Anr.