JUDGMENT :

SANJAY KUMAR, J

1. Leave granted.

2. Exercising power under Section 239 Cr.P.C, the learned Special Judicial Magistrate, CBI Court, Ghaziabad, discharged the appellants herein of a charge under Sections 420 and 120B IPC, vide order dated 31.08.2019 in Case No. 456 of 2012 arising out of RC-219 2011 (E) 0016 registered on the file of Police Station CBI, EO-1, New Delhi. Aggrieved thereby, the Central Bureau of Investigation (for short, ‘CBI’) approached the High Court of Judicature at Allahabad, under Section 482 Cr.P.C, by way of Application U/S 482 No. 11426 of 2021. By order dated 20.01.2023 passed therein, the High Court set aside the discharge order and directed the learned Magistrate to proceed with the case against the appellants. Assailing the said order, they are before this Court.

3. The appellants had established Sunshine Educational and Development Society, NOIDA, Uttar Pradesh, and registered it under the Societies Registration Act in the year 2004. The aims and objectives of this Society, inter alia, included propagation of technical education. Appellant No. 1 was the Chairman of the said Society while his wife, viz., appellant No. 2, was its Secretary. In Septe