BANASTHALI VIDYAPEETH

INTERNSHIP REPORT

SUBMITTED TO: SUBMITTED BY:

Faculty of Law BA.LL.B V Year

Banasthali Vidyapeeth Nimisha Patel (A Batch)

Roll.No. 1511051

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 PREFACE

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 DECLARATION

This declaration is made regarding the internship report which has been prepared and
drafted by Nimisha Patel under the supervision of Judges at District Court, Advocate of
M.P. High Court and under the guidance of Librarian of the M.P. High Court library.

The undergone internship was in regard to the assigned internship period of six months
by our college. It mainly contains the observatory work performed during the internship.

This internship report has not been submitted either in whole or in part to any other law
institution but is been submitted before this college only.

Nimisha Patel Dated:

Roll no. 151151

B.A.LL.B. 9th Semester

Banasthali Vidyapeeth

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 ACKNOWLEDGEMENT

At the outset, I would like to thank God for his blessings and benevolently granting me
vigor and audacity to complete my internship successfully. Before submitting my detailed
report on internship I find an opportunity to place on record my warm gratitude towards
all the teachers and mentors who have guided and encouraged us to undergo the
internship period sincerely with renowned institutions to get the benefit of the practical
perspective of the application of the law learned in the past four years.

I would like to place my warm gratitude towards Hon’ble Mrs. Smt. Shakti Verma,
Judicial Magistrate First Class, and Advocate Mrs. Nirmala Nayak at M.P. High Court
and carried research work at the M.P. High Court library, under whom I completed my
internship and I gained a detailed and useful experience for the purpose of internship as
well as for the future professional career

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 TABLE OF CONTENT

 LIST OF ABBREVIATION
 OBJECTIVE OF INTERNSHIP
 OBSERVATION OF COURT PROCEEDING
 OBSERVATION OF FUNCTITIONING OF ADVOCATE
CHAMBERS
 CASES OBSERVED DURING INTERNSHIP
 RESEARCH WORK DONE DURING INTERNSHIP
 LEARNING OUTCOMES
 APPENDIX
a. Sample of draft prepared
b. Certificate of Internship
c. Plagiarism Report

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 LIST OF ABBREVIATION

1. Adv. ADVOCATE

2. ART ARTICLE

3. H.C HIGH COURT

4. HON’BLE HONORABLE

5. M.P. MADHYAPRADESH

6. ORS OTHERS

7. SEC SECTION

8. V. VERSUS

9. CPC

10. CrPC

11. IPC

12. MVA

13.

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 OBJECTIVE OF INTERNSHIP

The period of six months has been provided by the institution mainly to get the practical
insights in different areas and aspects in the field of law. It has been provided to get us
students an opportunity before hand to get contacted with our interested fields so that
after passing with a Law Degree we can directly lead towards a profession in which we
are really interested. Basically for me it was a time of trial and error so that I could get
clear about my future.

From this internship I aspire to learn the minute details and the procedure adopted in
lower courts and in High Court of M.P. and to inculcate the skill set needed for a
successful professional career.

Also I expect to intern under good judges and qualified and reputed lawyers to know the
professional framework of bar and bench.

Moreover, I expect to observe and use and practically apply the theoretical knowledge
that I have gained till now and apply the theoretical knowledge practically in the actual
cases.

Also for a very practical reason for which internship is too important is that it gives
opportunity to get in contact with Senior and reputed advocates for future help.

Also I aspire to learn about how the advocates address the court to get the judicial mind
in their favor.

Thus with the high hopes I have applied internships under the judges of District and
Sessions Court, Jabalpur; Nirmala Nayak, Adv. High Court of M.P.; and the Librarian at
High Court of M.P., Principal Seat at Jabalpur.

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 OBSERVATION OF COURT PROCEEDING

During the period of six months of internship I have interned under Hon’ble Mrs.
Shakti Verma, Judicial Magistrate First Class and Civil Judge Class I at District and
Sessions Court Jabalpur for two months. I have gone through and observed different civil
and criminal cases.

Mainly the category of criminal cases that are dealt were pertaining to Section 323, 506,
283, 294, 292, 381 read with 34, 324, 325, 338, 379, 164, 457, 380, 195-A of IPC, 164 of
CrPC, 304A, 420, 120-B, 427 of IPC, Section 14 of MP State Protection Act, Section 8
read with Section 27 of the NDPS Act, 506 of IPC 1973 and Section 25 of the Arms Act
and Section 384 of Public Gambling Act. The procedure related to trial of criminal cases
before a magistrate is also observed by me. Along with it, the practical details apart from
the specified provisions under Criminal Procedure Code, which are practiced in District
Court, was also observed.

In the second category of Civil cases the matters related to property disputes, injunction
over illegal eviction, also observed applications under Order XXXIX, Rule 2 (a); Order
VII, Rule 11; Order VI, Rule 17 etc.

OBSERVATION OF CRIMINAL PROCEEDING:

 On the first day of our internship I learnt about how a criminal case based on FIR
and complaint cases are filed. The public prosecutor of that court that FIR can be made

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both written and oral form and the accused may be known or unknown and how after the
completion of the investigation of police a final report is filed in the court. The final
report can be khatma, khariji, or chargesheet. Khatma report indicates that then accused
could not be caught or found out, thus a permanent warrant is issued and the cases sent
back to the record room to be brought back in future when the accused can be caught and
then case can be reheard. This is done to save courts time. Khariji report indicates that the
inference of the police investigation is that no charge can be established against the
accused. Under the charge sheet police completes its thorough investigation and present
the report being affirmative of the charges alleged against the accused with list of
witnesses, seizures made by the police, bail if granted, statements of witnesses, medical
report if any etc.
After filing of Final Report if favorable the charges are framed by the court and the
procedure are fulfilled.
 Secondly, we observed the recording of statements of the children before the
court under Section 200 of CrPC. The children accepted to run away from home by their
own, thus this statement helped in cancellation of FIR if their kidnapping filed by their
parents. The honorable judge told us that this helped in saving polices time of doing
further investigation and preparing the final report and the case can be closed at that point
itself on the basis of this statement.
 During the internship I also attended the procedure followed in Lok Adalats. In
this the cases having the probability of settlement are sent notice to come and attend the
Lok Adalat. In which a panel consisting of two lawyers and a judge are seated to close
the case if the parties agree for compounding of their case. The parties come and tell
about whether they have reached on a settlement or not, if a settlement is reached the
parties as well as their councils sign on a compounding agreement and in furtherance to it
the court passes an order. The Lok Adalats at District Courts are conducted and
administered by the District Legal Service Authority. This is a fast way to settle criminal
cases which are more of a personal nature.

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 I also observed the format of summons and warrant to witness, bailable warrants
and arrest warrants. In which firstly the summons are served, when they are served
successfully and still the person do not present before the court, then bailable warrants
are served and even its successful service the person do not produce before the court then
arrest warrants are issued.
 Observed the chief and cross examination of the police officer who has seized the
property involved in the offence after the production of the seized property before the
court.
 Learnt about the different trials of the court. Observed the difference between the
summons and the warrant cases instituted on the complaint. In complaint cases the case is
said to be started against accused only after the case gets registered.
 Knew about the Roznamcha, which is a diary/document to be maintained in the
police station by the police officer for each 24 hrs for a period starting from each 24hrs
for a period starting from 6A.M. to 6 A.M. of the next day. And every information that
then police receives, every place that they visit for investigation, every minute details are
mentioned in it and sent with the respective case in the chalan before the court.
 I helped the judge in writing the order sheet of the case files, on day of strike by
the advocates. The judge provided us with the specific format for writing it. Order sheets
were regarding the issuance of further summons or warrants fixed for the next dates.
 Arms act

OBSEVATION OF THE CIVIL PROCEEDING:

 The civil reader of the court introduced me the types of execution that are generally
prayed before the court. Mainly there are ‘A’ class execution and ‘B’ class execution.
A class execution relates to property matter related disputes such as declaration suits,
injunction suits, succession matters etc. and B class execution relates to purely money

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 related matters. It is one of the practical incites related to a civil case. MJC case
relates to Order XXXIX, Rule 2 (a), that is related to temporary injunction.
 I also observed the sequencing of a civil file in then court. Firstly the plaint comes
then the ordersheets (ordersheets describe the routine proceeding that took place on
the fixed date by the court), then the Written Statement is affixed then comes the
issues which are formulated by the court keeping in mind the facts stated in the plaint
and the written statement, then comes all the interlocutory applications filed by the
parties during the proceeding, if any.
After it, the High Court orders passed in favor of any parties relevant to this
proceeding, if any, are attached, thereafter the plaintiff’s document exhibits are
affixed. After this the testimony of witness of the plaintiff. After this the defendants
document exhibits, defendant’s witness’s testimonies and other applications are
attached.
The documents are necessary to be exhibited while witness statements takes place,
only depositing the relevant documents are not sufficient, they have to be exhibited to
be considered by the judge while giving judgment.
 The honorable judge told me about demarcation. Demarcation means indicating the
boundaries of the land one by one by measuring the exact area in the sale deed or
ownership agreement. Demarcation or ‘seemankan ’is of vested power of the
Tehsildar, he can order then Patwari to conduct demarcation in presence of then
owner of the land. An application is to be filed in this behalf.

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 OBSERVATION OF FUNCTITIONING OF ADVOCATE
CHAMBERS

How client dealing is done? In the chamber of the advocate I observed that, whenever a
client comes with the problem, the practical scenario is that he had already consulted
many advocates and has basic knowledge about his case beforehand. A client searches for
an efficient lawyer who can really give all his effort to win client his case.

The steps while dealing with a client is that first of all the client has to be comforted and
felt assured that his problem will be solved and he will be provided justice. The care
towards the client has to be shown from the first instance possible. The advocate has to
be humble and polite towards the client to calm him. After hearing the complete story of
a client, if a lawyer feels that the client is at an offensive position then it’s the duty of the
lawyer be confident and assure him that he will win the case. By this the client can be
made to believe that the lawyer is more promising and reliable from other advocates and
is ready to give hundred percent to win the case in his favor.

If lawyer sometimes is confused about the matter, then at that situation he should keep
calm and shall not show the hesitation to a client.

After this the client is asked to present all true facts without hiding even any
incriminating fact with the assurance of confidentiality. For this a trust relation is to be
established between the advocate and the client. Chronological facts according to the

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dates and timing should be asked to client and a brief of the facts should be note down so
that no fact gets skipped while drafting the petition.

After the first meeting the client should be contacted on necessary occasions so that the
client can feel that the lawyer concerns for him. After listening to the facts of the client
every possible remedy and the threats shall be communicated to the client. The advocate
shall act in an honest manner as they are the link between the courts and the aggrieved
persons in admintration of justice.

Mediation proceedings- the advocate under whom I interned is a mediator. She made
me understand the procedure to be followed while performing mediation, and how to
keep a neutral view while mediating. The first step is comforting and consoling the client
to make them feel calm in the environment they are in. introduction is the first step of the
mediation in which the mediator introduces himself and the position he holds and the
duties assigned to that position then the mediator ask the parties to introduce themselves
along with their address, family and profession.

Then the parties are told about the mediation, why and what is it about, why they have
been called to the mediation session to solve their matter.

Later they are told about the ground rules regarding the mediation that (i) the mediator
who will help in solving the matter will act as a neutral judge (ii) that the process will
remain non binding until a settlement is reached by the parties itself and signed thereof,
(iii) that the process aims at reaching at an amicable settlement so that there will be no
losing party and both party can reach a win-win situation (iv) that each information given
before the mediator will remain confidential and in the four walls of the room etc.

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 CASES OBSERVED DURING INTERNSHIP

I. CRIMINAL CASES
 State v. Rohan Namdev
Observed the documents of a freshly filed challan. The case relates to Section 25 of Arms
Act.
 State v. Nitesh
Observed the cheif and cross examination of an Investigating Officer.
 State v. Manoj Nayak
This case relates to Section 384 of Public Gambling Act 1976.
 State v. Anita Sen & others
Case related to Section 381, 34 of IPC.
 Surendra Kumar Kushwaha v. Mohanlal
The case relates to Rent Control Act.
 State v. Sanjeev and others
Relates to Section 240 and 34of IPC, the accuseds are alleged to have taken money from
a group of women with the hope of granting them loan, neither was the loan issued nor
was the money returned. Seen practical use of proviso under Section 162 of CrPC.
 State v. Paramlal
Case relates to Section 448, 294, 324, 506B of IPC.
 State v. Prakash

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It relates to Section 8/27 of NDPS Act. The accused was found to be in possession of
smack powder.
 State v. Salman @Sarfaraz and others
Matter relates to Section 294,323, 282, 506B, 34 of IPC.
 State of M.P. v. Sarta @ Sharad Yadav
Matter relates to Section 14 of MP State Protection Act, in this case the accused was an
habitual offender and has committed many offences in the past. Thus under section 5 of
this act the magistrate had ordered him to remain out of the local limits of the area where
he had committed. Section 14 of this act deals with contravention of the order passed
under Section 5.
 State v. Rahul Kanaujiya
This case relates to Section 294, 324, 506 of IPC, the incident is of hurting with a big
steel spoon by a drunken person.
 State v. Ranjeet Ahirwar
This case relates Section 279, 337 and 338 of IPC in which I read the FIR which was
based on the information received by the doctor to whom the victim came for first aid
after the incident. Also it is the duty of the doctor to give the first aid and then informed
the police.
 State of M.P. v. Deepak Jathav
It relates to Section 457 and 380 of IPC, observed the FIR written about the unknown
accused.
 State v. Meera Ahirwar and others
The case relates to Section 195A, 506 read with 34 of IPC, in this case a rape victim was
being threatened by the accused of acid attack for taking back the case.
 State v. Sanju @Badda and others
The case relates to Section 294, 323, 506, and 34 of IPC, observed the FIR, arrest memo,
MLC Report, charges framed etc.

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 State v. Deepak Ven
The case relates to Section 325, 427 read with 34 of IPC
 State v. Rohit Parashar
The case relates to Section 294, 323 and 506 of IPC, in which observed the FIR, MLC
report, etc.
Also observed statements of children under Section 164 related to the case filed. The FIR
of kidnapping and abduction was lodged but the children travelled to Ajmer on their own
without any influence of another person.
 State v. Rohit Ghaneshwar
It relates to Section 379 of IPC in which observed the FIR, arrest memo, property seizure
memo and witnessing of the victm.
 State v. Rajesh @Chuha
The case relates to Section457, 387 IPC.
 State v. Arun Srivastava
It relates to Section 338 of IPC. Observed FIR, MLC report. Section 338 of IPC relates to
causing grevious hurt by act endangering life or personal safety of others. In this case the
victim was a labour who +got electric shock while working at the site because he didn’t
get ant safety tools from his employer. Because of this incident he got 25% of body burn
and his hand was also amputed.
 State v. Md. Furhanand Vivek
The case relates to Section 379 of IPC. Observed the FIR, property Seizure Memo, memo
under Section 27 of Indian Evidence Act, the bail order applied before the Additional
Sessions Judge under Section 439 of CrPC.
 State v. Ajay kumar Basave
The case relates to Section 279, 337, 304 (A) of IPC. Observed the FIR, MLC report, pot-
mortem report etc. Also observed the witnessing of an independent eye witness.
 State v. Rmji Dubey

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The case relates to Section 279, 337, 304(A) of IPC. Observed that due to the time taken
in the court proceedings the cross examination and even the examination of prime
witnesses was conducted after eleven years of incident, this causes loss of valuable proof
against the accused.
 State v. Anonymous
In this the final report was in the form of closure report as the police was unable to find
the accused with the provided information by the informant. Thus the police requested for
khatma. In this regard the court recorded the statements of the police officer as khatma
witness.
 State v. Ramchandra
This case relates to S. 279, 337, 338 of IPC in which I observed the application for
supurdnama of the seized property and the final report.
 State v. Rahul Singh
The case relates to Section 294, 506, 323 of IPC. Observed the MLC report under which
injuries upon the head of the victim with a blunt weapon was inferred by the doctor.
 State v. Sukhchain Yadav
This pertains to S. 294, 323, 427, 506 of IPC. The accused is alleged to have caused
damage to the person as well as the property of the victim. A damage panchanama is also
prepared and these witnesses are also examined at later stage, observed the testimony of
one of the witnesses.
 State v. Shailesh
The case relates to Section 188 of IPC, which is disobedience of order promulgated by a
public servant. In this case District Magistrate promulgated and order under S. 144 of
CrPC and the accused was found to be in derogation of that order. Thus this case has
been filed.
 State v. Pappu

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This case relates to Section 25 of Arms Act. The accused was found to be in possession
of knife which was dangerous and prohibited to be kept or kept in a public place. Te
property seizure memo describes the weapon with its exact measurements that is used
while that property is exhibited before the court.
 State of M.P. v. Shubham Barman
The case relates to Section 379 IPC that is theft. Observed the FIR, property seizure
memo, arrest memo, witnesses statement under Section 161 of CrPC and testimony of the
witnesses before the court, the rest of the witnesses are called by issuing bailable warrant.
 State v. Shivam Srivastava
The case relates to Section 338 of IPC, the doctor informed about the accident to the
police. Then the police went to the victim to lodge the FIR.
 State v. Arun Tiwari
This relates to S. 4 (a) of Public Gambling Act 1976 and S. 109 of IPC. The accused was
alleged to committing gambling at his own house along with the co-accused .
 State of M.P. v. Sandeep Chakravarti
The case relates to Section 25 of the Arms Act. Observed the FIR, final report, property
Seizure memo describing the weapon, arrest memo. The contents of arrest memo the
reasons of arrest memo, the application for bail and the documents submitted by the
surety.
 State v. Vishambhar Singh
The case relates to Section 304 A of IPC, the facts of the case are that the deceased was
hit by a loading vehicle. Observed the inquest report prepared by the police. Observed
that even if a minute detail in the testimony is mismatched with the statements in the final
report, the witness is declared hostile.
 State v. Shekhar Chandra Basu
The case relates to Section279, 337, 338 of IPC.
 State v. Rahul

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The case relates to Section 294 and 324 of IPC. The accused were unknown in this case
so the FIR was written against anonymous persons. Observed the final report consisting
the FIR, property seizure report, arrest memo, MLC report, bail bond, statement given
before the police.
 State v. Ganju @Devendra Choudhary
The case relates to Section 294, 323 read with 34 and 427 of IPC. A damage panchnama
is prepared in case of damage caused to the property.
 State v. Govind Yadav and others
The case relates to Section401 of IPC. S. 401 related to punishment for belonging to gang
of thieves.The hearing was fixed for accused’s presence. Observed the certificate of
District Legal Service Authority by the accused related to the appointment of an
advocate.

 A. Rashid v. Sheikh Nazim

This is a complaint case and has been filed under S. 299 of CrPC. Observed the
examination of the complainant and the other witnesses under S.200 of CrPC.
 State v. Rajesh Kumar
The case relates to Section279, 337, 338of IPC and S. 3, 181, 184 of Motor Vehicle Act.
S. 279 relates to rash driving in public way, S. 337 & 338 relates to causing hurt or
grievous hurt which endangers life, respectively. S. 3 of MV Act states about necessity of
having a driving license and 181 relates to punishment in contravention of S. 3 and 184
relates to driving dangerously. The case is fixed for prosecution evidences.
 Munshilal Prajapati v. State of MP

The case on that day was fixed for arguments on bail application before the HC. The
learned advocate explained me about the case dairy and the sequencing of the file. In the
arguments the learned adv. Pointed out the lacunas from the prosecution side so as to
bring the case in favor of granting bail.

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

II. CIVIL CASES

 Urmila Ben v. Dileep Kumar
The case related to Section 16 of Hindu Adoption and Maintenance Act 1956. The cases
filed for the declaration of the legal status of the adoption deed. Observed the plaint and
the WS suggesting no issues to be formed.
 Krishna Kumar Vishwakarma v. Rajkumari Vishwakarma
The case relates to revision petition filed by the petitioner against the impunged order
of maintenance granted by the trial court. In the hearing, parties themselves make
their submission in front of the court related to the allegations made by the other
party. The parties set forth the relevant submissions in regards to a wife wanting to
live together but the husband denying it.
 Shri Ram Dubey v. State of MP and others
The case relates to filing of a writ appeal against a impunged judgement passed in the
writ petition

 Shrinivas Tripathi v. P.L. Choudhary

Observed the plaint and the written statement. The case is due for getting the mediation
report. Observed how the fact stated in the plaint are admitted or rejected in the WS, and
if the defendant wants to make an addition, it is added under the head additional
statement.
III CONSTITUTIONAL CASES
 Mahesh Kumar Singh v. State of MP and ors
The case relates to service matter and has been filed as a writ petition under Article
226 of Indian Constitution, 1950. Observed the petition where the facts were that the
aggrieved person was not regularized in his services for the past 28 yrs despite the
order of concerned authorities.

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 Malwanchal University v. State of MP
In this case the students were been charged with unreasonable fees in the name of
donations thus, the court suo moto take cognizance on the complaint of the aggrieved
students when they were withdrawing their case under inducement. The court ordered
for the constitution of an inspection committee and the report of the committee
suggests the complaint to true. Thus the university itself was ready to return the extra
amount charged from the students within 15 days.

RESEARCH WORK DONE DURING INTERNSHIP

In the course of Six Months internship I have undergone internship under the guidance of
the librarian at High Court of Madhya Pradesh, Principle Seat at Jabalpur. In this I have
done research for the preparation of Moot given us as the assignment from the Institution.

During this we have referred to the commentary and reference books on Constitution,
Information Technology Law, Indian Penal Code, Transfer of Property Law, Criminal
Procedure Code, Indian Evidence Act, Civil Procedure Code, Limitation Act etc.

I came across the various case laws and detailed concepts about Right to Freedom of
Speech and Expression under Article 19 and the extent on reasonable restrictions that can
be imposed on these rights. Also we have studied Section 69A of IT Act in depth and the
decision of Shreya Singhal’s Case.

Also researched about the status of a woman in a live-in-relationship and applicability of

Section 125 of CrPC on it. Also observed the concept of marital rape and the traditional
reasons behind its non-recognition in India and the modern trends towards accepting it.

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Also seen the civil matter related to dispute over the document to be of mortgage or
outright sale.

On the end of my research work, i was equipped with the deep knowledge of the concepts
hereinbefore defined.

LEARNING OUTCOMES
Luckily I got the best internship opportunities for me under the guidance of learned
judges, advocates and the librarian at the High Court library. I also got the occasions of
meeting other highly qualified and reputed judges and lawyers apart from the
personalities under whom I interned, they advised me about the principles to keep up
along our professional life of being calm and polite which can help us to reach the
summit of success. Also they told me about how the cases are prepared and the
commentaries are referred. The most important thing that I learn from this internship is
from the personal experiences of the lawyers and the judges, I get to know how to dress
and address and how to behave with the seniors, what is the work culture that I am going
to come across in my future professional life and that it is going to be hard but going
through this internship, I am able to mentally prepare myself beforehand. Also get to
know the importance of confidence in this profession; it is one such thing that is going to
be challenged at every step from the first day. Confidence in doing right will always be
an aid to get established with a rapport.

While going in depth of what I have learnt related legal profession and practice in Court,
I would like to mention them-

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  Client dealing which is purely a practical and thus a new aspect to me.
 Secondly the code of conduct to be observed the ways in which the seniors have
to be respected to inculcate the quality of professionalism
 Thirdly one of the most important one is always be confident and never panic
 Fourthly saw the basic legal cases from the grass root level and how the judiciary
works from level to level
 Arguments to be made before Hon’ble Judges: how and what to?
 Practical application of the laws. And how to apply laws in your own favor in
cases of any nature.
 How to do research work
 How hearings are conducted and what steps and procedure are followed
 How the files are prepared, and in what sequence.

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 APPENDIX

d. Sample of draft prepared

e. Certificate of Internship
f. Plagiarism Report

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