( 1 ) THIS criminal revision was received from jail and was admitted to regular hearing by my brother Tatachari J. on August 12, 1968. The grievance of the petitioner is that he had already been convicted for the same offence by the Chief Judicial Magistrate, Simla and should not have therefore, been convicted again for the same offence by the learned Magistrate, first class. Kasumpti. Although the petitioner s appeal had been dismissed by the learned Sessions Judge, Mahasu on the ground that it was barred by time, my learned brother was of the view that the prohibition against conviction of the petitioner for a second time for the same offence being an absolute prohibition the contention should have been considered by the learned Sessions Judge regardless of the fact that the appeal filed by the petitioner was barred by limitation.

( 2 ) IN answer to the notice issued to the State Mr. K. C. Pandit has appeard on its behalf and has taken me through the files of the cases decided by the Chief Judicial Magistrate, Simla and the Magistrate, first class, Kasumpti. An examination of those files shows that the petitioner who is a habitual offender and has as many as 27 prev