1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REFVISION APPLICATION NO. 719 OF 2009 Gurubalayya Hiremath .. .. Applicant. Vs. Chandrashekhar Murgyapa Hiremath & Ors. .. .. Respondents --- Shri Vikram R. Chavan i/by M/s. YKS Legal for the Applicant. Shri Sandesh Patil for the Respondent No.1. Shri P.S.Hingorani, APP for the Respondent No.7-State.. --- CORAM : J.H. BHATIA, J. DATE : 21ST MARCH, 2011 P.C. : 1 Heard the learned counsel for the parties. The revision is filed by original complainant against acquittal. 2 The applicant is the original complainant. According to him, in the Grampanchayat elections held in the year 2000 he had contested the elections on OBC category, as he belongs to Jangam Caste. He was elected as a member and he also became Sarpanch of the Grampanchayat. Respondent no.3 filed an appeal under section 14 of the Grampanchayat Act, 1958 challenging the elections on the ground that the applicant does not belong to Jangam Caste but he is a Hindu Lingayat which is not a backward community. The appeal was also supported by the other accused persons including respondent nos. 1 and 2, who are the real cousins of the present applicant. On the basis of that, the matter was referred to Caste Scrutiny Committee. The Caste Scrutiny Committee held that he does not belong to OBC. He filed writ petition and the matter was remanded back to the 2 Caste Scrutiny Committee and during the second scrutiny it was held that he belongs to OBC category. The applicant then filed a complaint under sections 420, 468 read with 34 of the IPC against all the accused persons. The trial court after trial acquitted those persons. The appeal against the acquittal filed by the State was dismissed by the Sessions Court. The present revision application is filed, challenging the concurrent finding of facts of both the courts below. 3 In view of the facts stated above, it appears that after the complaint was filed, the matter was referred to the Police for investigation under section 156(3). After investigation, the Police filed a charge-sheet for the offence under sections 199, 200, 420, 468 r/w. 34 of the IPC. The trial court, however, issued process under section 420 of the IPC and the charges were framed. The allegation against the accused was that they had made a false affidavit to the effect that the applicant belongs to Hindu Lingayat Caste which is not OBC and that he does not belong to Jangam caste which is OBC. There is no allegation that the complainant was cheated with dishonest intention. As such no offence under section 420 is proved. 4 Therefore, the Revision Application stands dismissed. (J. H. BHATIA,J.)