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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
.......... .......... .......... – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge to the maintainability of a complaint under pocso. (Para 3 , 4 , 5) |
| 2. legal provisions on victim identity confidentiality. (Para 6 , 7 , 8 , 10) |
| 3. broader application of identity confidentiality under the act. (Para 9 , 12) |
| 4. complaint inadequacies and return decision. (Para 14 , 15) |
| 5. dismissal of the petition; options for resubmission. (Para 16) |
J U D G M E N T
An endorsement in the form of an order of the District Court, Kollam in the docket of Ext.P37 which the petitioner claims to be a complaint, is under challenge in this petition filed by the so called complainant/petitioner under Article 227 of the Constitution of India.
2. The aforesaid endorsement reads as follows:
“Complaint not maintainable before POCSO Court. Hence returned to be filed before proper Court.”
3. As per the averments in this petition, the grievance of the petitioner is that a complaint, which he filed before the District and Sessions Court, Kollam, against the act of certain persons disclosing the identity of his child, a victim of POCSO Act crime, has been returned by the said Court, stating the reason that it is not maintainable before POCSO Court. Ironically, it appears from the
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