On February 9, the Ratlam Police had arrested advocate Vijaysingh Yadav after he sent Judicial Magistrate (First Class) Mithali Pathak an email and a birthday card on January 29. It was alleged that he had downloaded Pathak's photo from her Facebook account and attached it with the birthday wish/card. In the complaint, it has been alleged that Yadav had downloaded the photo of the judge without any authorization and sent the email to her official account. Further, since he was not added as a friend on the judge's Facebook account, such 'unauthorized access' or use of the photograph would attract the Information Technology Act's provisions.
The First Information Report (FIR) was lodged for offences under Section 420 (Cheating and dishonestly inducing delivery of property), 467 (Forgery of valuable security ), 468 (Forgery for cheating), 469 (Forgery to harm reputation) of the Indian Penal Code and Section 41 read with 67 (Punishment for publishing or transmitting obscene material in electronic form) of the Information Technology Act, 2000.
On February 13, the accused's family members had applied for bail on his behalf, but the same was rejected. It prompted Yadav to approach the Madhya Pradesh High Court. Advocate KK Gupta will represent him before the High Court. In the bail plea, Yadav has contended that he has been implicated with unnecessary and unwanted charges. He has submitted that there was "no intention" to deteriorate the reputation of the judge. Moreover, he has claimed that he does not possess much knowledge about 'internet access' and social media.
Status: The Indore Bench of the High Court will hear the matter today.
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