1. - This petition under Section 482 of the Code of Criminal Procedure has been filed against the order dated July 6, 1984 passed by the Additional Sessions Judge, Udaipur on the report filed by one Kanji, Sarpanch Pal Sarada, on May 24, 1972 before the Superintendent of Police Udaipur regarding the illegality committed in distribution of grain by Gram Seva Sahakari Samiti, Pal Sarada, by its Manager Rooplal and Dadamchand, who without being authorised misused the permit regarding Jawar, Maize and Wheat in the year 1 969-70, The police after investigation filed challan against the Manager Rooplal under Section 402 Indian Penal Code and requested the Court that as no case against Dadamchand was made out he may be released under Section 169 of the Code of Criminal Procedure. The final report so given against petitioner Dadamchand was accepted by learned Munsif and Judicial Magistrate Salumber on December 6, 1978. Though challan was not filed against petitioner Dadamchand, the Additional Public Prosecutor submitted an application on December 8, 1981 praying for taking cognizance against him. The learned Magistrate by the order dated May 31, 1982 took cognizance of the offence