HC stays arrest of law student charged with posing as lawyer

Presiding officer, Motor Accidents Claim Tribunal, Rae Bareli had passed an order on October 4 to lodge an FIR against law student Abhay Kumar Gupta, charged with impersonating as a lawyer and seeking adjournment in a case.

Lucknow: The Lucknow bench of Allahabad high court has stayed the arrest of a law student who appeared before a Rae Bareli tribunal on behalf of his senior (under whom he was working as an intern) and sought adjournment in a case.

The high court said It did not appear to be a case where the petitioner was said to have impersonated as a lawyer. (Pic for representation)

Presiding officer, Motor Accidents Claim Tribunal, Rae Bareli had passed an order on October 4 to lodge an FIR against law student Abhay Kumar Gupta.

Gupta was charged with impersonating as a lawyer and seeking adjournment in a case.

Following the court’s order, FIR was lodged against him on October 6 at Kotwali police station, Rae Bareli, under Sections 419, 420, 171 of the Indian Penal Code.

A division bench of justices Devendra Kumar Upadhyaya and Saroj Yadav on November 11 said: “It does not appear to be a case where the petitioner is said to have impersonated as a lawyer. From the order dated 4.10.2021 passed by the presiding officer, it appears that the petitioner was present in the tribunal in civil dress without adorning robes.”

“Prima facie, it appears to us that the petitioner over-zealously attempted to seek adjournment in a case where one of the parties appears to have been represented by the learned advocate under whom the petitioner was interning,” added the court.

“Having regard to the overall facts and circumstances of the case, we hereby direct that till the next date of listing, the petitioner Abhay Kumar Gupta shall not be arrested pursuant to the impugned FIR no. 614 of 2021,” directed the court.

“However, the petitioner shall cooperate with the investigation,” ordered the court.

Advocate Anil Kumar Mishra represented the petitioner in court.

During the proceedings, he apprised the court that the order (passed on October 4, 2021) also recorded that on being asked the petitioner told the him that he was a law student and not a practising lawyer.

.