When it shall be known to the court that there is no indictment pending in the court in which such indictment was found or in any court to which a case may have been removed by change of venue, against a district attorney who has been suspended, the order suspending such district attorney shall be set aside.
(Code 1876, §778; Code 1886, §4253; Code 1896, §5525; Code 1907, §7790; Code 1923, §5508; Code 1940, T. 13, §239.)