1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2011 CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU CRL.O.P.(MD)No.13773 of 2011 N.Sentamil Selvan : Petitioner Vs. 1.The District Superintendent of Police, Virudhunagar District, Virudhunagar. 2.The Sub-Inspector of Police, Aviyur Police Station, Virudhunagar District. : Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure to direct the learned Judicial Magistrate No.II, Virudhunagar to take the petitioner's complaint dated 26.07.2011 on file under Section 156(3) of Cr.P.C which was returned by the learned Judicial Magistrate No.II, Virudhunagar on 16.09.2011 on vague reasons. For Petitioner : Mr.R.Murugappan For Respondents: Mr.P.Kannithevan Government Advocate (Crl.Side) O R D E R *********** The petitioner presented a private complaint before the learned Judicial Magistrate No.II, Virudhunagar on 26.07.2011. The learned Magistrate returned the same on 30.08.2011 pointing out certain defects. The same was re-presented by the petitioner on 09.09.2011. Again, it was returned on 16.09.2011 by the learned Magistrate on the ground that the earlier order of return has not been complied with. Under these circumstances, seeking a direction to the learned Magistrate to entertain the said complaint, the petitioner is before this Court. 2. In my considered opinion, the remedy for the petitioner is to comply with the order of return and to re-present the same before the learned Magistrate. Instead of doing that, the petitioner has come up with this petition under Section 482 Cr.P.C. At the same time, a perusal of the order of return dated 16.09.2011 would go to show that the learned Magistrate has not assigned any reason in the order of return and this cannot be appreciated. 3. In view of the above position, this Criminal Original Petition is disposed of with liberty to the petitioner to re-present the complaint before the learned Judicial Magistrate No.II, Virudhunagar and the learned Magistrate shall consider the same if it is in order to entertain the same, in accordance with law. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 2 To 1.The Judicial Magistrate No.II, Virudhunagar. 2.The District Superintendent of Police, Virudhunagar District, Virudhunagar. 3.The Sub-Inspector of Police, Aviyur Police Station, Virudhunagar District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 cc to Mr.R.Murugappan, Advocate, SR No.37109 ORDER MADE IN CRL.O.P.(MD).No.13773 of 2011 29.10.2011 pm RJ/10.11.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/