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MOOT COURT: INTERNSHIP DIARY

LAW CENTRE I

UNIVERSITY OF DELHI

Under The Guidance & Supervision Of

Mr. RAMJI SHARMA, Advocate

Submitted To: Dr. Krishna Murari Yadav

SUBMITTED BY: Aneesh Kumar Gupta

SECTION A
CLASS ROLL NO.: 226614
EXAM ROLL NO.: 20310806543
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ACKNOWLEDGEMENT

Before submitting my detailed report/diary on internship, I find an opportunity to place on record

my warm gratitude towards Professor Usha Tandon, Head and Dean of Faculty of Law,
University of Delhi and Dr. Krishna Murari Yadav (Assistant Professor) to encourage me
towards Internship and how to perform our duty under internship. I would like to place my warm
gratitude towards Ramji Sharma, Advocate, under whom, I completed my internship and I
gained a detailed and useful experience for the purpose of Internship as well as for profession of
advocacy in near future.

I would also like to thank and extend my regards to you mam for being an excellent mentor and
teacher of the Moot Court & Internships. It is solely due to her guidance and mentorship that I
have been able to complete my Internship Project successfully.
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TABLE OF CONTENTS

S. NO. PARTICULARS FROM PAGE TO PAGE

1. Introduction 4 4

2. Certificate 5 6

3. Observation at Court 7 7
Room

4. Day- wise Summary 8 13

5. Application for 14 16
Maintenance under
Section 125 of CrPC,
1973
6. Application for the grant 17 19
of Anticipatory Bail
under Section 438 of
CrPC, 1973

7. Internship Experience 20 20
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INTRODUCTION

Study of law entails legal knowledge and reasoning in mind of students who are going to become
lawyers in future. Curriculum in law schools includes a right mix of theory as well as practical.
The application of law and its study are two different aspects which are duly taken care of in law
colleges. The internship is mode through which students can learn the nuances of law and see the
law in action. The practice of law requires active steps to be taken right from the stage one enters
into law school.

I joined internship with Advocate Ramji Sharma at District and Session Court of Ghazipur, U.P.
Sir Handles all affairs relating to Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody,
Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Medical Negligence,
Property and have matters covering wide jurisdiction beyond Ghazipur district.

Sir was helpful and patient enough to introduce me to the legal arena. I got valuable experience in
varied areas of law. From criminal matters including filing bail applications to civil matter
involving core practice of Civil Procedure Code.

Through this diary, I am going to share my internship experience for a period of 1 month. Although
I will try my best to share my experience, yet there are certain limitations to my memory and
knowledge. I have included maximum number of cases which I have handled during my internship.
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CERTIFICATE

The documents attached herein is the copy of the certificate I received by me in lieu of the work
undertaken during the course of my internship.
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OBSERVATION AT COURT ROOM

PROCESS OF RECORDING THE EVIDENCE:

In criminal case, evidences are recorded on the basis of testimony of witness which he orally
deposes before the Court while in civil cases and in case of N.I. Act, evidences of witnesses are
recorded by tendering the affidavit in support. Moreover, when witness deposes the statement
and his presence is necessary for the next hearing, then Court informs the witness that he is duty
bound for the next hearing and no summons will be served to him for next date.

AHLMAD ROOM:

Each district court, irrespective of being civil or criminal has an Ahlmad Room, which is record
room or file room for each of the courts. They meant to maintain the court case files, which are
kept according to the dates and orders. It is the task of the record keeper to send files to the court
on the date of hearing. After the dismissal of cases, the files are sent to the record room. Every
fresh case comes to Ahlmad room from the registry. In Ahlmad room, case is checked and
registered. On the order of Court, Ahlmad checks the court-fee for case and submits its report to
Court. Every Summons to witnesses, accused are prepared by Ahlmad room.

CAUSE LIST:

Each court has a cause list, which is a systematic arrangement of the court cases to be heard on
one day. This cause list is available at the court door and its website as well after putting
requisite information call outs are made according to the order in such cause list at the courts.

COURT LOCK UPS:

Each court complex has its own police lock up where the arrested persons or accused are kept
before being the Hon’ble Magistrate for the extension of judicial/police remand. In some areas, it
is commonly called as “BAKSHI KHANA’.

RECORD ROOM:

Record Room is a room where all the case files are kept. Whenever any person or counsel
inspect the case files, one can apply of inspection through a form along with respective court
room reference name and a court stamp of Rs. 5/-(For Ordinary Inspection) or Rs. 10/-(For
Special Inspection).
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DAY- WISE SUMMARY

DAY- 1
On the first day, after formal introduction I was given legal research work on a ongoing criminal
case related with Murder.

Ramji Sharma sir gave me his most critical ongoing case on that time to study and also asked me
to do legal research on the case. In State of Uttar Pradesh v. Damodar Rai @ Badak Rai &
Ors. case I learned various facts related to the case and also there were many Witnesses related
to the case. But the problem that was coming was that the witnesses were trying to keep
themselves away from this case because they did not want to enmity with anyone by giving their
statement.

In my research of the case, I learned that there are certain offences under Section 302, 307, 504
of Indian Penal Code, 1860.

DAY- 2
On the second day, I got to hear the final arguments laid out in the case of State of Uttar
Pradesh v. Damodar Rai @ Badak Rai & Ors., under the guidance of my leading counsel
Ramji Sharma in the Presence of Additional District and Sessions Judge Sanjay Kumar Yadav- I.

In Final Arguments the Defence counsel appeal to the court that his client is innocent because
Prosecution Witness no. 2 and 3 were there with the deceased at the place of occurrence at that
time but none of them saw the faces of the killer as all of them covered their faces with a piece of
cloth. Defence counsel concluded his argument by saying that Prosecution Witness No. 1 Smt.
Madhuri Rai is blaming the accused because the deceased have long rivalry with the accused.

In Final Arguments learned counsel Ramji Sharma concluded that Prosecution Witness no. 1
clearly seen that the accused were the ones who fired at her husband. Murder is a very critical
matter and it is very obvious that no wife will safe the criminals and also the deceased and
accused were long time rivals and also the accused many times came in conflict with the
deceased and hence it is the very big motive to murder the deceased and hence it is appeal to the
court to sentence all the accused behind the bars.

After Final Arguments the judge gave next date to delivered the judgment.
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DAY- 3
On the third day, I asked to go to the District and Sessions Court, Ghazipur. I observed
admission/denial, framing of issues and recording of evidence. I learnt the basic of the evidence
stage i.e. how issues are formed. The word OPP i.e. onus of proof on plaintiff and OPD i.e. onus
of proof on defendant at the end of the issue defines the duty of the plaintiff and the defendant to
prove the issues raised.

DAY- 4
On Day 4, Sir gave me a case to study and to write down case facts in short, relevant sections/act
and judgment and also case analysis.

State of Uttar Pradesh v. Shahvaan (2019)

Facts: The victim here is dumb and blind was repeatedly raped by the accused on different dates.

Relevant section: Section 376 of Indian Penal Code.

Judgment: The accused found guilty under section 376 of Indian penal code and sentence 10
years of rigorous imprisonment and also fine with Rs. 100000 or additional 2 year imprisonment
on not paying the fine.

Case Analysis: Judge Sanjay Kumar Yadav was rightly delivered the judgment in sentencing
him 10-year rigorous imprisonment with Rs.100000 fine. This will set perfect example for the
criminals who thing that they will move freely even after committing any crime.

DAY- 5
On Fifth day, On the guidance of learned counsel Ramji Sharma, we went to the District and
Sessions Court for a case of Criminal Revision and I observed the proceedings. Case Titled as
Umakant Upadhyaya v. State of U.P. Our client was charged under Section 147, 323, 504 and
427 of Indian Penal Code, 1860. After few arguments, we got another date for hearing.

During this day I learned the above sections of Indian Penal Code, 1860.
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DAY- 6
On this day, I visited District and Session Court of Ghazipur for some property matter. The
matter was at the stage of evidence. Here I witnessed chief examination and cross examination of
witness.

Examination-in-Chief: In the process of examination-in-chief, we ask questions from our

witness. Generally, the party to as case is a prime witness as they can describe the events of the
case properly. In examination-in-chief, generally open-ended questions are asked from the
witness to make a story i.e., how, what, when happen etc. I witnessed examination-in-chief in
two cases, one family matter and other in property related.

Cross-Examination: After examination-in-chief is done, the opposite counsel cross examines the
witness. One thing I observed during my internship is that most of the witnesses are tutored by
the counsel. They were prepared by their counsel generally a day before on the weak points of
the case which they think the opposite counsel will ask them in the court.

DAY- 7
On this day, I was assigned to do some research work on legal propositions for a civil matter. I
was also given some drafting work.

Later that day, I went to the Chamber in order to attend a scheduled client meeting. Client
meeting was related to a criminal case and our client was complainant in it. My task was to
observe the meeting and write down the information being provided by the client. I learned that
it is very important to hear the client patiently and if he is not able to present facts clearly, then
they should be asked questions related to the case. The questions should be such that they are
able to present a chronological picture of the whole case.

DAY- 8
On this day, I visited District and Session Court, Ghazipur where I attended court proceedings in
the matter relating to execution. Decree was passed in favour, so I learnt the procedure decree is
passed like how nazarat officer has to file his report, bailiff is appointed etc.

Later that day, I was given work to Draft a complaint U/s 138 of Negotiable Instruments Act,
1881. During my internship, I learnt that good drafting skills play a vital role in the case. If you
are able convey your case through drafting, you can win half of the case at the beginning only.
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DAY- 9

On this day, Advocate Ramji Sharma sir asked me to read Section 138(b) of Indian Electricity
Act, 2003.

Section 138(b) of Indian Electricity Act, 2003: unauthorisedly reconnects any meter, indicator
or apparatus with any electric line or other works being the property of a licensee when the said
electric line or other works has or have been cut or disconnected.

Later I went to the District and Session Court, Ghazipur with Ramji Sharma for a bail application
in the case of Jagdish Ram & ors. v. State of U.P. Our side client was charged under Section
138(b) of Indian Electricity Act, 2003.

DAY- 10
On this day I was assigned a legal research on topic- whether Order-7 Rule-11 is applicable to
Summary Procedure or not?

It was quite tough research for me as rarely any case was available on this particular issue,
furthermore, I was looking for a judgment in favor of the topic as one case of the Advocate was
pending before the Ghazipur District and Sessions Court wherein he was required to produce
such favorable judgment in his final arguments in order to win the case. After a lot of research
and reading, at the end of two days, I could find one judgment on this issue which was favorable
and was very precisely and aptly applicable to the case in hand.

JUDGMENT: Jammu & Kashmir Bank Ltd. v. Shri Digvijay Cement decided on 28.08.2008.

DAY- 11
On this day, Ramji Sharma sir gave me one case to do legal research and also explained me
difference between some sections and their importance. In Sanju v. Chotu Yadav, I noticed that
victims FIR was not registered by the near Police station. Then victim complaint was directly
heard by the Magistrate under Section 200 of CrPC. And the witness statement was also written
by the magistrate under Section 202 of CrPC.

Then Ramji Sharma sir explained me what are the further remedy in case Police refuse to file
FIR and also he explained me the difference between Section 200 and 202 of Cr.P.C.
“In the inquiry envisaged under Section 202 of the Code, the witnesses are examined whereas
under Section 200 of the Code, examination of the complainant only is necessary with the option
of examining the witnesses present, if any. This exercise by the Magistrate, for the purpose of
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deciding whether or not there is sufficient ground for proceeding against the accused, is nothing
but an inquiry envisaged under Section 202 of the Code."

DAY- 12
On this day I was assigned a legal research on the topic- whether an appeal filed against the
order dismissing the review petition is maintainable or not?

It took me the whole day to research on this topic in depth. This legal research topic required in
depth study and extensive research to find the settled position of the law on this point.

After a lot of research and reading, I found few judgements on this issue which unambiguously
revealed the settled position on this legal point.

From the research and the cases found, it could be concluded that the appeal made after the
rejection of the review petition is not maintainable by the virtue of Order XLVII Rule 7 of The
Civil Procedure Code of 1908.

DAY- 13
On this day I read Divorce case related files in the Chamber and did research work on them using
SCC Online. I got to know about the Hindu Marriage Act sections that governs divorce in India.
Then, I was asked to go to Family Court, Ghazipur and see the proceedings of the court in one of
the matters. I was feeling quite happy as unlike other law firms I don’t have to sit in front of the
computer and do legal research only and don’t see the face of court even once.

DAY- 14
On this day, I was assigned to do some research work on legal propositions for a civil matter. I
was also given some drafting work.

Later that day, I went to the Chamber in order to attend a scheduled client meeting. Client
meeting was related to a criminal case and our client was complainant in it. My task was to
observe the meeting and write down the information being provided by the client. I learned that
it is very important to hear the client patiently and if he is not able to present facts clearly, then
they should be asked questions related to the case. The questions should be such that they are
able to present a chronological picture of the whole case.
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DAY- 15
On this day I drafted an application for Maintenance under Section 125 of CrPC, 1973.

DAY- 16
On this day I drafted application for the grant of Anticipatory Bail under Section 438 of the Code
of Criminal Procedure, 1973.
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LEGAL DOCUMENTS
DRAFTED DURING THE INTERNSHIP PERIOD

APPLICATION FOR MAINTENANCE UNDER SECTION 125 OF CRPC, 1973

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, GHAZIPUR.

MAINTENANCE APPLICATION NO. __________ OF 2021

IN THE MATTER OF:

Smt. Amrita Rai
W/o Vishwajit Rai ……APPLICANT

VERSUS

Vishwajit Rai
S/o Markandey Rai …….RESPONDENT

APPLICATION UNDER SECTION 125 OF THE CODE OF CRIMINAL

PROCEDURE, 1973

Most Respectfully Showeth:

1. That the Applicant Amrita Rai daughter of Rajesh Rai is a resident of village
Sherpurkalan, Police Station Bhanwarkol, District Ghazipur.
2. That the Applicant No.1 was married to the Respondent according to the Hindu Rites and
ceremonies on 13.02.2011 at Ghazipur.
3. That in Applicant marriage, Applicant Father gifted Rs. 5,00,000 in cash and utensils,
cloth, silver set worth Rs. 1,00,000 and T.V., fridge, A.C., washing machine, bed, sofa
set, wardrobe of Godrej, Jewelry worth Rs. 2,50,000 and 5 pieces of Gold Ring, 20-gram
gold chain to the Respondent in marriage.
4. That after marriage the applicant left for her in-laws home where she starting living her
life with the respondent.
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5. That Respondent, his brother and and his mother always taunting the applicant for the
Four-wheeler as the applicant didn’t bring Wagon R as a dowry in her marriage. Later
Respondent family started torturing the applicant and also not given her food , clothes,
etc. Respondent family torturing the applicant by giving her physical and mental pain in
many ways i.e., abusing, beating, and starving her. But Still after that the applicant didn’t
utter a single word and didn’t took any harsh step in thought that one day thing will get
fine.
6. That on 20.01.2018 at around 2 p.m., the applicant’s husband Vishwajit Rai, mother-in-
law Geeta Rai and husband’s brothers Ranjit Bahadur and Ajit Bahadur were abusing the
applicant demanding four-wheeler car. After beating her they took all the jewelry and
ornaments of the Applicant and then threw her out of the house and says that you will not
be allowed to live in this house until you bring a four-wheeler Wagon R vehicle. Since
then, the applicant is living in her parental home.
7. That the applicant told the whole thing to her parents, then applicant’s father and one
Rabindranath Rai went to Respondent house to settle the matter in between them. But
Respondent family refused to talk to them and in result Applicant’s father called for a
Panchayat for the mediation but Respondent family refused the decision of Panchayat and
also abused Applicant’s father and all the respected personality who were with Applicant
father. In last Respondent says that we will not take your daughter back till you wont give
us a Wagon R car.
8. That after this incident, Applicant’s father reach to the nearest police station of Pakdi
village, Ballia to inform about the incident but the police officials didn’t take any action.
9. That the applicant is currently living in her paternal home. The Respondent is neither
taking the applicant in his house nor paying any expenses. Respondent is neglecting and
refusing to maintain the applicant.
10. That the applicant is totally unable to maintain herself. The applicant does not have any
source of income. The applicant does not even know any such skill by which she can earn
a living.
11. That Respondent is a Medical Representative and draws a salary of about Rs.40,000 per
month. Apart from this, there is 12 bighas of fertile agricultural land in the name of the
applicant's husband, from which he earns about 2,00,000 rupees annually by farming.
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Thus, the total annual income of the applicant's husband is Rs.6,80,000, due to which the
opposite party has a moral, social and legal obligation to maintain the applicant.
12. That the applicant can easily be given Rs 20,000 per month as maintenance by the
Respondent.
13. That apart from the above-mentioned facts and circumstances of the case, it is necessary
and justified to provide the amount of maintenance allowance to the applicant from the
date of submission of the application from the opposition on many other grounds.

PRAYER:

Therefore, it is requested to sir that the applicant should be pleased to pass an order
to get the amount of maintenance allowance of Rs. 20,000 per month from the Respondent
from the date of submission of the application.

Place: Ghazipur APPLICANT

Date: Amrita Rai w/o Vishwajit Rai

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APPLICATION FOR THE GRANT OF ANTICIPATORY BAIL

IN THE COURT OF SESSIONS JUDGE
DISTRICT AND SESSION COURT, GHAZIPUR

IN THE MATTER OF; -

Mr. Shishir Kumar Singh ……………. APPLICANT

VERSUS

State of Uttar Pradesh …………..RESPONDENT

F.I.R. No. 187 of 2021

UNDER SECTION 409 of I.P.C

POLICE STATION- Karimuddinpur, Ghazipur

APPLICATION FOR THE GRANT OF ANTICIPATORY BAIL UNDER

SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE, 1973

Most Respectfully Showeth:

1. That the applicant is a citizen of India and has been residing in his native village
Dilshadpur, Thana-Bhanwarkol since birth.
2. That this is First Anticipatory Bail application has been submitted by the applicant in the
court and no application for anticipatory bail is pending in the High Court or the Supreme
Court.
3. That we have full faith in the applicant under Section 409 of the Indian Penal Code in the
above-mentioned case that the Police Station-Karimuddinpur may wrongfully arrest the
applicant for the purpose of humiliating and detaining him in the matter.
4. That according to the first information report, this fact came to light from the observation
of the report dated - 05.09.2021 sent by the Deputy Commissioner, District Industry
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Promotion and Entrepreneurship in connection with the development works done in

Gram Panchayat Asawar Development Block Barachwar, Police Station- Karimuddinpur.
It is that Gram Panchayat Officer Asawar, Shishir Kumar has misused government funds
of Rs. 53,99,195 (Fifty-three lakh ninety-nine thousand one hundred ninety-five).
5. That according to the order dated 14.11.2019 of the Honorable District Magistrate in the
said case, Dharmendra Mishra, Assistant Engineer, in his investigation report had shown
misuse of government funds to the tune of Rs. 77,28,000 was ordered to.
6. That in the above case, writ no. 7727/2020 in which the Hon'ble High Court adjourned
the proceedings for filing the report on 12.07.2021.
7. That again in the case against village head Parvati, after the issue of adjournment by the
Hon'ble High Court, this report has been filed again against the applicant against the
assistant development officer, which is against the law.
8. That the matter related to the said episode is under consideration in the Hon'ble High
Court and in that adjournment, order has been issued in the writ of village head Parvati
Devi and all the development work is done under the supervision of village head and
assistant development officer. In such a situation, despite the adjournment, there is no
justification for filing a report on Assistant Development Officer Shishir Kumar Singh.
9. That the applicant is a government employee and has not disobeyed any order passed by
the Hon'ble Court and the High Court till date.
10. That the applicant is ready to give an undertaking to the effect that the person who is
about to present the facts of the case before the court or the police, will not be directly or
indirectly threatened, induced or will not be affected by any promise.
11. That the applicant is also willing to submit an undertaking to the effect that the applicant
has not been convicted by any court of law for any cognizable or non-cognizable offence.
12. That the applicant is also ready to submit an undertaking to the effect that he will not
leave India without the permission of the court.
13. That the applicant is also ready to abide by the conditions imposed by the Hon'ble Court
or the Police during the period of anticipatory bail.

PRAYER:
It is, therefore most respectfully prayed that the Applicant be released on bail in the
event of his arrest and appropriate directions in this regard may please be sent to the
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concerned Investigating officer/S.H.O. Any other order/orders which this Hon’ble Court may
deem fit and proper on the facts and circumstances of this case may also be passed.

PLACE: Ghazipur APPLICANT

DATE:
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INTERNSHIP EXPERIENCE

1. This internship helped me a lot to learn about the court procedures. From doing legal
research to drafting to preparing for the case to actually pleading the matter before the
court.
2. The internship was proved to be very helpful for learning insight of legal profession. I got
to know how to deal with the clients, how to prepare for the matter etc.
3. The internship helped to learn the basic etiquettes of the court of law from the point of
entering the court room to the point of leaving the court room.
4. The thing which bothers me a lot was the fact that the judiciary is overburdened. The
judicial officer does not have the adequate time to listen to a matter properly. The
adjournment or long dates for the matter become the part of court process in a country
where Right to Speedy Trial is considered as a fundamental right.
5. Another thing that bothers was that the parties are not interested in the disposal of matter
rather they considered that the long delay in deciding the matter is good for them. Most
of parties want take some kind of revenge from the other parties by involving them in
never ending litigation process.
6. “Giving justice is something like searching for a black cat in a dark room where there
is none.” The statement seems to be correct in the context of Indian Judiciary where it
takes ages for the disposal of cases and when the matter is decided then either the party is
dead or the subject matter is long gone.
7. There is ignorance about legal principles and proceedings amongst the citizens of this
country. The people coming to the court are not aware of their rights and duties.
8. The procedure for the conduct of litigation is pretty dilatory and too many appeals are
possible. I agree that there are many opportunities provided under the law for the parties
to be heard. But I do like the principle as it ties into the basic principle of natural justice.