PRITHISH DEY Vs. THE STATE

JUDGEMENT

(1.) THIS Rule was issued on the Chief Presidency Magistrate of Calcutta to show cause why the proceedings pending against the petitioner under Section 224 and 224/114, Penal Code, should not be quashed.

(2.) THESE proceedings have been instituted against the petitioner on the allegation that he along with other accused persons attempted to escape from the Presidency Jail on 6 -12 -1949.

(3.) IF the petitioner has already been punished for this alleged offence under Sections 224 and 224/114, Penal Code, for which he is now being prosecuted, I have no doubt that the present proceedings would be against the provisions of Section 20 of the Constitution, and would, therefore, be illegal. The question is as to whether we have any thing to show that he has been so punished.