Quantum School of Law

INTERNSHIP
REPORT

SUMMER INTERNSHIP-26th June – 20th

July 2023

Place:- Adv. Prabhat Bohra

(High Court, Nainital, Uttarakhand )

Submitted To:- Submitted By:-

Asst.Prof. Arjun Bhardwaj Arjun Saini (B.BA.LL.B.)

(Mentor ) Roll no. 2008501003

Session 2022-23
 ACKNOWLEDGEMENT

Any attempt at any level cannot be satisfactorily completed without the support and
guidance of learned people. My project work is a result of something more than hard
work and dedication. It is a true outcome of encouragement, support and guidance and
constructive criticism of different people that I acknowledge with immense pleasure. I
would like to express my gratitude to all those who made the completion of the project
a reality. I dedicate my gratitude to Quantum University, Roorkee for giving me
permission to commence this project work, to do the necessary research work. I
gratefully acknowledge my deepest sense of gratitude to my revered and intellectual
guide, Adv. Prabhat Bohra, who provided me with all necessary suggestions and
guiding me throughout my internship period.

I thank my parents for always being on my side throughout this time period and
providing me with all kind of emotional and financial support.

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 DECLARATION

I, Arjun Saini, hereby declare that the presented report of internship is uniquely
prepared by me after working as an intern for 24 days under Advocate Prabhat
Bohra, High Court, Nainital . Uttarakhand.

I also confirm that the report has been prepared only for my academic requirement
and not for other purpose.

Arjun Saini

B.BA.LL.B (Hons.)
6th SEMESTER

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 Introduction to the Project

After completion of my 6th Semester, as a law student I was required to utilize my

holidays by doing internship under either an advocate, law firm or in a NGO. So, I
choose and applied under an advocate Mr. Prabhat Bohra who is a good lawyer of
criminal matters.

He is a very diligent person and has good knowledge of his subject, his arguments
are always accurate and to the project.So this is my week wise report and what all
learnt there in a month.
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 Place of Internship

Res./Office – 54

High Court,

Nainital, Uttarakhand

Adv. Prabhat Bohra

Advocate Prabhat Bohra is a fine and diligent advocate with good knowledge of
criminal matter, there are also some juniors who works under his guidance and
constantly help him out with every case.

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DAY WISE REPORT

Day 1st
We went to the high court campus of Uttarakhand that is at Nainital and then
we went to the Chamber of my advocate under whom we were doing my internship and
he introduced us to his juniors and his other colleagues. Further he gave us work that is
related to a P.I.L. that was going to be filed at the high court of Nainital regarding
restoration of fair rate sellers. The work was related to translation of the orders which
were issued against the fair rate sellers by the D.M of Haridwar. After that we spent our
entire day researching the documents which were provided to us by the Advocate sir.
That is how our first day went.

Day 2nd
On the second day of our internship we submitted the translation of the
documents to the Advocate sir and then he told me to change the format of the
document in the MS Word and I did that. He also told us to arrange all those documents
in a prescribed manner that would be suitable for the P.I.L. After that, the advocate sir
told us to do the prop reading of the old documents that we provided to him and find out
if there's any mistake in them. We did that and sent all the documents to the advocate sir.

Day 3rd
On the third day of our internship, advocate sir suggested that we go to the
court and listen to all the hearings that were taking place there. We attended the hearing
of the case that was related to the POCSO ACT and we found out that differences
related to this act are non compoundable from the honorable judge then we asked the
advocate for the reason behind it. Advocate sir explained to us that offenses related to
POCSO ACT are non compoundable because the minor can not give his consent to
compromise the case. That's how our third day was spent.

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Day 4th
On the 4th day of my internship we went to the court advocate sir was busy
doing his work related to the case so he asked us to go to the court and observe the
proceedings and we did so and when we were in the court we listened to all the hearings
that were taking place. There was the proceedings of a case related to the NDPS act that
was taking place. This case was related to the bail of the accused that was supposed to
be issued by the court. In this case the accused was found with 200 grams of charas by
the police his Council was asking for his bail from the Honorable Court. After the
proceedings The Honorable judge granted the bail to the accused but with a certain fine
imposed upon him. After attending all the hearings we went to our advocate sir to clear
up our doubts regarding the matter and we asked him that what is the process of the
granting of bail to the accused related to the NDPS ACT and to which he said that in
these matters the judge would go through certain things such as the criminal history of
the accused and the quantity of the drug that is found with him after all this it depends
on the description of the judge as to whether he would grant the bail or not. That is how
our day went.

Day 5th
On the fifth day of our internship we went to the court and the advocate sir
was absent that day so we went to the courtroom to observe the proceedings that were
taking place there. The case that was going on in the court was related to the ndps act in
which there was an FIR as per which the 12.05 gm of smack was recovered from the
possession of the accused no-1 and he was arrested by the police. He confessed to the
police that he used to sell the smack with accused no-2(applicant) after this confession
of the accused no -1 the name of the accused no-2 came into the light and he was also in
the custody of the police. This matter is related to the bail of accused no -2. In this
matter it was found out that the accused no-2 number did not have any criminal history
and the police also didn't recover smack or any other narcotic drug from his possession
hence the Honorable judge granted him the bail. That's how our fifth day went.

Day 6th
On the 6th day of our internship we went to the court and our advocate sir
asked us to go to the courtroom and hear the proceedings over there. And in the case
that was being argued there the honorable judge scolded the advocate because if the
abettment takes place in a criminal case then the application for the abatement has to be

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filed by the advocate but in the present matter of the court the advocate didn't file the
application for abatement. Advocate sir explained to us the whole process of filing an
application if the abatement takes place in a criminal matter. This is how our sixth day
went.

Day 7th
On the 7th day of our internship we went to the courtroom to hear the
proceedings. There was a case that was being discussed in which there was a couple
living together for fifteen years and they have a physical relationship with each other
and the boy had promised the girl that he would marry her but backed off and the girl
recently filed an FIR. And a criminal case has taken place against the accused under
section 376 of IPC. In the above mentioned case the judge asked the counsel of the
victim that how can you put allegation of section 376 because at the time of the
relationship the consent of the both parties was there and this was a consensual
relationship so the allegations under 375 and 376 of IPC cannot be invoked here. The
judge mentioned that in the present case that this matter is concerned about the breach
of trust and cannot be considered under the section 375 and 376 of the IPC. This was the
clear direction by the court to the counsel of the victim.

Day 8th
We went to the court room on the 8th day of our internship. We went to the
chamber where we did the proof reading of the P.I.L which was going to be filed and
then the client on whose behalf the P.I.L was going to be filed came and fulfilled all the
necessary tasks. And then the PIL was submitted. The advocate sir informed us that if
there has been any mistake taken place in the PIL filing then the court will reject the PIL
itself. And the advocate sir sent us the pdf of the PIL and suggested we read and
understand it carefully. That is how our day went.

Day 9th
On the ninth day our internship, we went to the chamber of our advocate
and the PIL was finally filed. So, advocate sir asked us to do legal research regarding
the PIL. Then, advocate sir gave us I'd and password for SCC and asked us to find the
landmark cases which are related to the PIL. Advocate sir instructed us to find out the

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non-essential conditions of tender documents and hypertechnical view with the help of
case laws. After that, we did legal research and found out some cases related to P.I.L.
The following are the cases related to the P.I.L. which were found out from legal
research:-

1. Tata Cellular V. Union of India.

2. Zerita Ashlen Rocha V. Ann Mary Varghese
3. Raunaq International Limited V. I.V.R construction Limited and others
4. Poddar Steel Corporation V. Ganesh Engineering Works & ors.
5. Fernandez V. State of Karnataka
6. Ramana Dayaram Shetty V. International Airport Authority of India

Day 10th
We went to the chamber of our advocate on 10 th day of our internship. We
attended the hearing of the PIL that was filed by our advocate. This PIL was titled as
Toseef vs. State of Uttarakhand & others. Our advocate argued from the prosecution
side and he argued that the restoration of five fair rate sellers out of eight who were not
discharging their duties efficiently according to the orders of the termination was not in
accordance with the procedure established by law. He questioned the defense side why
the remaining three were not restored to their positions. The counsel for defense argued
that the restoration of the five fair rate sellers was done under the special relief hence it
is completely in accordance with the procedure established by law. After the arguments
and counter arguments from both the sides the judge ordered that the defense side would
have to prove that the orders of the restoration were justifiable under special relief by
9th of August.

Day 11th
We went to the courtroom on the 11th day of our internship. There was a
case being argued before the honorable court in which the defendant had misused the
GST number of the plaintiff in an unlawful and unauthorized manner. The defendant
was the close friend of the plaintiff so he knew the I'd password of his GST number. In
this case the defendant used the plaintiff's GST for his own personal use which resulted
in the higher amount of the RTI of the plaintiff at the end of the financial year. In this
case the plaintiff was subjected to wrongful loss but the defendant got the wrongful
gain. After the arguments and counter arguments the honorable judge ordered the next
hearing.

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Day 12th
Today, a general discussion was done with the advocate to learn how a case
is planned and initiated. I was made to understand that the basis of giving directions to a
case starts from the beginning itself at the time of filing of petition or writing
submission. All the possibilities regarding remedies available or the flaws in petition, as
the experience. A lawyer should have an open mind and remain alert with the
developments in the surrounding. There are several different types of cases which are
related to different special knowledge like medico-legal cases, so a lawyer should have
a basic understanding of each and every special field. In the end I was also made to
understand that while dealing with your client one should not forget that the legal
profession should not be treated “only” as a “source of livelihood”, rather at the same
time, one should not forget his duty towards society, which obligation, in the capacity of
an advocate, increases when, the litigant belongs to needy and lower strata of the society
and further, is sometimes even illiterate.

Day 13th
Today I got to about know about PIL that is Public interest litigation is the
power given to the public by courts through judicial activism. However, the person
filing the petition must prove to the satisfaction of the court that the petition is being
filed for a public interest and not just as a frivolous litigation by a busy body. Sir gave a
little knowledge about fast-track courts:- Fast-track courts (FTCs) are special courts that
are established for the purpose of undertaking fast-paced trials to ensure speedy disposal
of cases. These courts were established to make the judiciary far more efficient and for
the public to avail prompt justice

Day 14th
Today I learnt about Vakalatnama:- Vakalatnama, also called Vakilpatra
(VP), is a document, by which, the party filing the case authorizes the Advocate to
represent on their behalf. A vakalatnama gives a lot of authority to the pleader. It should
be executed by the client with great care and scrutiny. Order of the civil procedure
Code, 1908 provide under rule 4(1) that “No pleader Shall act for any person in any
court unless he has been appointed for the purpose by such person by a document in
writing signed by such appointment”. On the general terms, a Vakalatnama contains:
The date on which it is executed. The name of case\ cases for which the pleader(s) has

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been appointed. The name of court\ courts for which the pleader has been appointed.
The name of the party Appointed the Advocate and the parties authority to appoint (Eg:
Power of Attorney Holder or Recognized Agent) If not executed by the party in person,
then the document supporting the appointed. The name of the lawyer \ pleader \
advocate(s) so appointed. The address of the pleader, for service of documents. The case
title \ number to identify the case for which the appointment has been made. The
power \ decision making authority given to the advocate. This may limit the advocate
only to obtain certified copies’ or Signature of the party or parties (with the name of the
parties next to it) Signature of the pleader(s) or (s) accepting the vakalatnama.

Day 15th
Today we observed an anticipatory bail petition. Anticipatory Bail
Petition No-557/2023 Moin Ansari vs State of Uttrakhand Under section- 323, 379, 306,
498A, 376/511 and 504 of I.P.C Order- The prayer of the petitioner was rejected. The
petitioner is directed appeared before the court below within 15 days from today. Today
sir told us about anticipatory bail. Anticipatory Bail means bail in anticipation of arrest.
It is actually a misnomer as the bail is not presently granted by the court in anticipation
of arrest, but it is merely an order to release the person on bail in the event of arrest.
Therefore, such order becomes operative only on arrest.

Day 16th
Today with the permission of advocate, observed the techniques and of
client handing. With past observation it had been gathered that it is necessary to sync
with the mental condition of a client. A case came in which client was got arrested by a
complainant, which according to client was based on false and frivolous complaint. The
client was very infuriated and wanted to inflict injury on other party by taking legal
recourse. The advocate listened to him patiently without confronting him that any legal
recourse for inflicting injury is not a viable option. After patient hearing the advocate
provided the client proper counseling wherein first all the legal option available were
told. Then the pros and cons of each option were discussed. Then slowly and steadily
client was calmed down and made to think that what in actual he wanted and how much
resources he has to fight a continuous legal battle. It was thrilling to see that how must
vast social responsibility lies with a lawyer and how he can make to alter the thinking of
a disturbed client for the betterment of that individual and society in general.

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Day 17th
Today I learned about the term Rape. Rape is a sexual assault that
usually involves sexual intercourse with a person without their consent. Rape has been
defined under section 375 of the IPC. SECTION 375: Rape- A man is said to commit
“rape” who, except in the case hereinafter excepted, has sexual intercourse with a
woman under circumstances falling under any of the six following descriptions:-

1. Against her will.

2. Without her consent.
3. With her consent, when her consent has been obtained by putting her or any
person in whom she is interested in fear of death or of hurt.
4. With her consent, when the man knows that he is not her husband, and that her
consent is given because she believes that he is another man to whom she is or
believes herself to be lawfully married.
5. With her consent, when, at the time of giving such consent, by reason of
unsoundness of mind or intoxication or the administration by him personally or
through another of any stupefying or unwholesome substance, she is unable to
understand the nature and consequences of that to which she gives consent. With
or without her consent, when she is under sixteen years of age.

Day 18th
Today sir told us about DLSA. The main functions of the District Legal
Service Authority (DLSA) or the activities engaged by DLSA are as follows: Provides
free and competent legal aid in the nature of counseling and legal advice, as well as free
legal services in the conduct of cases before Courts and Tribunals.

Day 19th
Today we got some knowledge about Lok Adalat :- Lok Adalat (People’s
Court) is one of India’s alternate dispute resolution mechanisms. It is where the cases
that are pending or at the pre-litigation stage in a the courts of law are settled. This
system, based on Gandhian principles, aims to settle disputes through arbitration at the
grass-root level. Sir told me about Lok Adalat because section 138 of NI act is
compoundable in nature and can be resolved in Lok Adalat.

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Day 20th
Today sir told us about summon. A summon is a legal document that is
issued by a Court on a person involved in a legal proceedings. When a legal action is
taken against a person or when any person is required to appear in the court as a witness
in a proceeding, to call upon such person and ensure his presence on the given date of
the proceeding, summons is served. I attended some hearings in the courtroom related to
criminal matters.

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 Conclusion

I am really thankful to Quantum University, Roorkee for providing this opportunity

in the third year. I practiced, I learned, I understand the procedure of the court was an
amazing, astonishing experience for me. It gave me a real view to look upon law. It
also gave me some habits of learning legal news daily and a sort of staying in court or
office for 10A.M. To 3P.M. was also a great experience. Now I’m much excited about
by next learning experience. I hope that get more and such opportunities in later
times.

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