C.T. Ravi Kumar, J.

The revision petitioner was the petitioner in Crl. M.P. No. 602 of 2012 on the file of the Court of the Judicial First Class Magistrate-II, Cherthala Whether culpability could be attributed on the Investigating Officer and the officer who laid the final report, in a petition forwarded for investigation under S. 156(3) of the Code of Criminal Procedure, on the ground of non-filing of a complaint against the de facto complainant for giving false evidence and also for misusing their officially as public servants, in case, the report under S. 173(2) Cr.P.C. on such complaint is a closure report dubbing the case as a mistake of fact? This question arises in the following factual matrix:-

The petitioner was arraigned as the first accused in Crime No. 595 of 2010 of Aroor Police Station under Ss. 447, 506(1), 294(b) and 427 read with S. 34 of the Indian Penal Code, virtually registered at the instance of the second respondent herein. As a matter of fact, Annexure-V complaint filed by the second respondent herein before the Court of the Judicial First Class Magistrate-II, Cherthala was forwarded for investigation under S. 156(3) Cr.P.C. and the aforesaid crime was