IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.375 of 2009 RAGHVENDRA NARAIN RAKESH, Son of Sri Balmiki Sharma, resident of Sahartelpa, Police Station- Karpi, District- Arwal Versus 1. THE STATE OF BIAHR 2. The District Magistrate, Arwal. 3. The District Supply Officer, Arwal 4. The District Education Officer, Jehanabad and Arwal. ----------- 3. 09.03.2010 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner’s prayer is for quashing of order dated 13.10.2008 passed by the District Magistrate, Arwal whereby a direction has been issued to District Superintendent of Education, Jehanabad cum Arwal to institute a Criminal Case against the petitioner in connection with defalcation of government money. Grievance of the petitioner is that such direction has been issued by the District Magistrate, Arwal on the representation submitted by a private publisher who made allegation regarding financial misappropriation by the petitioner. Further it is contended by the petitioner that before issuing such direction, the District Magistrate, did not even ask any show cause from the petitioner regarding the correctness of the allegation. Whatever be the matter once on the direction of the District Magistrate, Arwal, a police case has already been instituted, this writ application has automatically 2 become infructuous on account of the institution of the F.I.R., the matter has completely gone within the domain of the police who is authorized to investigate a criminal case. Even by quashing of order dated 13.10.2008, no purpose will be served and the petitioner will not get any benefit. This writ application is dismissed. AKV/ ( Mridula Mishra ,J.)