An aggrieved woman lodged a complaint under section 3 of the POSH Act, 2013 after one and half years of last cause of action, before the Judical Magistrate First Class to take cognizance against the Opp. Parties and the Judicial Magistate First Class after taking preliminary statement of the aggrieved woman and other two witnesses, issued pre-cognzance notice to the Opp. Party and the Opp. Parties entered their appearance on filing of show cause to such pre-cognizance notice in challenging the maintainability of such complaint under section 3 of POSH Act and the JMFC is devoid of jurisdiction to take cognizance against the Opp. Parties on the ground that the aggrieved woman has neither lodged her complaint before the Internal Complaint Committee nor before the Local Complaint Committer with the time period as specified under section 9 of POST Act nor filed present complaint petition before the JMFC within the period of limitation. Now, in course of hearing on pre-cognizance notice, the learned JMFC stated to take cognizance under section 27 of the POST Act as the aggrieved woman lodged her complaint directly before this court.
So, dear Seniors, friedns, and youngers requested to provide legal advices with case laws on this issue and also suggest- am I going on right process?
Amar Kumar Sahoo, Advocate
Bhubaneswar, Odisha
