Vishnu Chandra Gupta, J. - (1.) HEARD learned Counsel for the petitioner and learned AGA. By means of this petition under Section 482 Cr. P.C. petitioners have prayed for setting aside the judgment and order dated 19.11.2012 passed by the Additional Sessions Judge -Ex Cadre, Bahraich in Criminal Revision No. 257 of 2003 (Farhatullah Khan and others Vs. State of U.P. And another) as well as the order dated 11.06.2003 passed by the Civil Judge (Senior Division)/ Additional Chief Judicial Magistrate, Bahraich.
(2.) CHALLENGE in this petition is the order rejecting the application for discharge moved by petitioners under Section 239 of the Criminal Procedure Code by the learned Magistrate and the revisional order by which the order of magistrate was upheld. In this case the prosecution case in brief is that the accused persons are managing a degree college namely Nanpara Degree College and published an advertisement for admission in the college. It is after this advertisement the Faizabad University published a news article extending warning to all the students that the aforesaid institution is not affiliated with the university and alleged degree college cannot imparted education of degree classes. It is also found that college has taken the admission of the students in the sessions for which the institution was not affiliated with any university.
(3.) IT has been submitted by counsel for petitioner that the correspondence for recognition/ affiliation is going on and the same has not yet been refused as is evident from the papers filed by the petitioners.;