1 wp675.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Writ Petition No. 675 of 2011 Anup Kumar Gond ....Petitioner v/s. Central Bureau of Investigation & anr. ....Respondents Mr. Niteen Pradhan, Sr. Advocate i/b. Subhada Khot for the petitioner. Mr. D.N. Salvi for the respondent. Mrs. M.R. Tidke-APP for the State. CORAM: B.R. GAVAI, J. 3rd August, 2011 PC: The perusal of the impugned order would reveal that it was previously urged before the learned Special Judge that in view of the Judgment of the Apex Court in the case of S.S. Dhanoa v/s. Municipal Corporation of Delhi (1981 (3) SCC 431), the petitioner is not a public servant. The learned Judge has not even considered the said submission. Unless the learned Judge comes to a conclusion that the petitioner is a public servant, the proceedings under the Prevention of Corruption Act would not proceed further. 2. In that view of the matter, the impugned order is quashed and set aside. The matter is remitted back to the learned Special Judge to consider the issue as to whether the petitioner is public servant or not, in the light of observations made by the Apex Court in the case of S.S. Dhanoa (supra). (B.R. GAVAI, J)