SATHYANARAYANA KUDURU Vs. OFFICE SHRESTHIDAR

JUDGEMENT

(1.) The appellant herein has brought into question direction in the judgment dated 02.05.2012 in S.C.No. 170/2010 on the file of Judge, Fast Track Court, Madhugiri imposing penalty on him for the alleged insult to the trial Judge during deposition in evidence. The appeal filed is under Section 374(2) of the Cr.P.C.

(2.) A question arose as to whether the appeal is maintainable under Section 374(2) of the Cr.P.C. when the appellant was neither arraigned nor tried nor has been convicted by any judicial order.

(3.) The learned Counsel would submit the order impugned imposes upon him "penalty" by way of punishment. Therefore, it is deemed conviction and hence, the appeal under Section 374(2) of the Cr.P.C. is maintainable. Thus, the test would be to see the nature of the order passed. The impugned order reveals thus: