Madras High CourtCONT P(MD)/1475/2025closed

D.Immanuel v. Prakash

2025-06-20Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in Crl. OP(MD) No.8490 of 2024 T.Immanuel ... Petitioner Vs Mr.Prakash, The Inspector of Police, Economic Offence Wing II (EOW), Palayamkottai, Tirunelveli District.

...Contemnor PRAYER: Contempt Petition filed under Section 10 of the Contempt of Courts Act, praying this Court to to initiate contempt proceedings against the Contemnor/ Respondent and punish him for willful disobedience of the order of this Court in Crl.OP(MD) No. 8490 of 2024, dated 01.08.2024.

For Petitioner :Mr.N.Madhava Govindan For Respondent :Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/5

O R D E R

The petitioner with a grievance that the order of this Court in Crl.OP(MD) No.8490 of 2024, dated 01.08.2024 has not been complied with, has filed this contempt petition. 2.This Court has disposed of Crl.OP(MD) No.8490 of 2024, dated 01.08.2024 as under:- ''6.In view of the above submission, the respondent police is directed to mediate the issue between the accused persons and the victims and find out solutions. If the issue is amicably settled between the parties, the amount has to be settled to all the victims, within a period of two months from the date of receipt of a copy of this order. If the issue is not settled between the parties, the respondent police is at liberty to proceed further with the investigation in Crime No.1 of 2020 and file the final report. The accused/petitioners in Crl.OP(MD) No.8500 of 2024 are at liberty to challenge the final report, if they are having any grounds.''

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3.Now, the petitioner claims that the above order of this Court has not been complied with.

4.Today(20.06.2025), when this contempt petition is taken up for hearing, Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who takes notice for the respondent submits that they have conducted an investigation in Crime No. 1 of 2020 and the accused in the said crime number has come forward to settle the issue with 185 claimants. However, the claim of the petitioner could not be resolved as he claims that he has deposited a sum of Rs.45,00,000/-, whereas, the accused claims that the petitioner has deposited only a sum of Rs.12,50,000/-. He further submits that the accused is ready to settle the amount to the tune of Rs.12,50,000/-, however, the petitioner is demanding a sum of Rs.45,00,000/- and therefore, the issue could not be resolved amicably. He further submits that on completion of investigation, the respondent police has filed the final report before the Special Court under the Tamil Nadu Protection of Interests of Depositors (in 3/5

Financial Establishments) Act, 1997, through e-filing No.LTN20230002657 202500002, dated 17.04.2025. 5.Considering the submissions of the learned Additional Public Prosecutor and also the scope of this contempt petition, this contempt petition is closed with liberty to the petitioner to work out his remedy before the Special Court under the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997.

20.06.2025 Index:Yes/No Internet:Yes/No vrn To Mr.Prakash, The Inspector of Police, Economic Offence Wing II (EOW), Palayamkottai, Tirunelveli District.

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B.PUGALENDHI, J.

vrn Order made in in Crl. OP(MD) No.8490 of 2024 20.06.2025 5/5