DAS GUPTA, J. - (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. It is contended on behalf of the petitioner that he has already been punished by the Superintendent of the Presidency Jail for this alleged offence, and so any fresh trial for the same offence would be against the provisions of Section 20 of the Constitution, and also against the provisions of Section 403 Penal Code. (Sic - Code of Criminal Procedure?)
(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.;