Horwill, J.

1. One Kondalu Rami Reddi was given possession of a cow and a calf by its owner for the purpose of grazing in a certain forest. While there, this cow and calf were missing and the information of the complainant was that it had been stolen by Sugalis. According to the facts found during the police enquiry, the complainant searched for these cattle for many months and at last traced them to the house of the accused. The accused said that the cow and calf were his and that he purchased them long before from some Sugalis. As he would not return them, the complainant informed the police, who investigated this as an offence coming under Section 411, Indian Penal Code. They came to the conclusion, upon the acceptance of certain information, that the offence committed was not one punishable under Section 411, Indian Penal Code, but one under Section 403, Indian Penal Code, which is criminal misappropriation. This offence is not cognizable and so the police sent a referred charge sheet to that effect. The Magistrate agreed with the police and ordered the cattle to be returned to the complainant. The accused preferred an appeal to the District Magistrate, who, as no appeal l