ORDER

The petitioner, who is the 2nd accused, has sought for setting aside the case against him, registered as Crime No. 333/2003 which was taken into file as S.T. No. 6060/2003 of the Judicial First Class Magistrate Court-II, Aluva. The police charge is that on 07.09.2003 at 12.30 A.M. in the night while the policemen were engaged on patrol duty, a motor cycle bearing registration No. KL 7/AM-5912 was found being driven in a rash and negligent manner and when the vehicle was stopped it was found that the third respondent/A1 was not having any valid licence and it was also found that the third respondent has consumed alcohol. He was arrested and taken into custody and sent for medical examination to the 2nd accused, Civil Surgeon at Government Hospital, Aluva for examination as to his drunkenness. A2 examined A1 and issued certificate mentioning that A1 has not consumed alcohol. It is the prosecution case that A2 has deliberately issued the above certificate to shield A1 and conceal evidence and hence he has been charge sheeted for the offence under section 201 IPC. The contention of the revision petitioner, i.e., A2 is that the offence will not lie and that the charge sheet is hit