IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18599 of 2009 1. INDU DEVI W/O SRI KRISHNA SINGH (MUKHIYA OF GRAM PANCHAYAT RAJ MUJAUNA, DARIYAPUR, SARAN) P.S. DARIYAPUR, DISTT. SARAN Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE SARAN 3. THE DISTRICT PANCHAYAT RAJ OFFICER SARAN 4. THE BLOCK DEVELOPMENT OFFICER DARIYAPUR, SARAN 5. THE BLOCK EDUCATION EXTENSION OFFICER DARIYAPUR, SARAN ----------- 02. 28.02.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 21.11.2009 passed by the District Magistrate, directing institution of First Information Report against her for having illegally withheld payment of salary of Panchayat Teacher. Learned counsel for the petitioner submits that final orders dated 13.2.2011 removing her from the post of Mukhiya under Section 18 (5) of the Bihar Panchayat Raj Act, 2006 were passed on the same ground. It was questioned by the petitioner in C.W.J.C. No. 2882 of 2011. This Court has quashed the order for removal on 22.2.2011. The very substratum for institution of a First Information Report is therefore gone. No submissions have been made if an F.I.R. has been lodged or not. 2 If an allegation is made of a cognizable offence, a First Information Report registered it has to be enquired into. The Court cannot interfere with the investigation. Whether the allegations were true or not shall have to be enquired during investigation itself when the Police shall report accordingly. If the substratum for the First Information Report has been knocked out as asserted, that is the matter to be appropriately considered by the District Magistrate, if no F.I.R. has been lodged till now. The writ application stands disposed in the aforesaid directions. P.K. ( Navin Sinha, J.)