A 37-year-old male advocate has landed up in jail after he sent birthday greetings to the (female) Judicial Magistrate First Class (JMFC) of Madhya Pradesh’s Ratlam district, via email and speed post in January this year.
For the past 21 days, advocate Vijay Singh Yadav has been behind bars, owing to charges of cheating, forgery, forgery for purpose of harming reputation, and section 67 & 41 of IT Act (downloading image without permission from Facebook).
Four days after his arrest that happened on February 09, a lower court rejected Yadav’s bail plea, following which his family approached the Indore Bench of Madhya Pradesh High Court.
In his bail plea on February 13, Yadav claimed that he had sent the birthday greeting to her official email ID, as a social worker and president of Jai Kul Devi Sewa Samiti Ratlam, a social ground, and not as an individual.
What Does FIR State?
According to police, the FIR against Yadav was registered after Mahendra Singh Chouhan, a System Officer of Ratlam District Court complained against the advocate.
As reported by The Quint, the complaint stated that advocate Yadav sent birthday greetings to JMFC Mitali Pathak on her official email ID on January 28 at 1:11 am. In addition to that, he also sent a birthday greeting card through speed post, during the court hours the following day.
Police reported that Yadav had downloaded a profile picture of the Judicial Magistrate First Class from her Facebook account, without her consent, and sent it back with a greeting card that had an indecent message on it.
Ten days after the birthday greetings were sent, the police registered an FIR and arrested Yadav from his home.
Advocate’s Family’s Defense
According to Vijay’s brother, Jay, two policemen came home looking for Vijay and asked him to come to the police station to meet the inspector in-charge. According to the brother,
They insisted that he come with them and then they arrested him.
Jay further alleged that police framed Vijay in a fabricated case, as he had filed a ‘private complaint’ against judge Mitali Pathak, to Chief Judicial Magistrate (CJM) Ratlam, for giving a long rope to the police and passing an order against Yadav’s client over a case of illegal detention by police. Jay quoted,
A day after the birthday greeting, on 30 January, Yadav had complained against Mithali to the CJM, Ratlam, but, no action has been taken against her. Instead police booked my brother nine days after the complaint for sending birthday greetings.