1 wp674.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Writ Petition No. 674 of 2011 Nand Kishore Prasad & anr. ....Petitioners v/s. Central Bureau of Investigation & anr. ....Respondents Mr. Niteen Pradhan, Sr. Advocate for the petitioner. Mr. D.N. Salvi for the respondent. Mr. D.R. More-APP for the State. CORAM: B.R. GAVAI, J. 3rd August, 2011 PC: The petitioners are being proceeded with as co-accused since they are father-in-law and wife of accused no.3 Anupkumar Gond. 2. This Court vide the order of the even date passed in Criminal Writ Petition No. 675/2011 has quashed and set aside the impugned order and remitted back the matter to the learned Special Judge for consideration afresh. 3. As to whether the present petitioners can be proceeded further for the offence punishable under Prevention of Corruption Act would depend upon the fate of said Anupkumar Gond. In the event he is held to be public servant then only the trial can proceed. In the event if it is held that said Anupkumar Gond is not a public servant, the present petitioner also cannot be prosecuted for the offence under Prevention of Corruption Act. 4. In that view of the matter, the order impugned is also quashed and set aside in the present petition. 2 wp674.11.sxw 5. It is directed that the application of the present petitioners for discharge would be considered after the learned Judge pass appropriate orders in the application of AnupKumar Gond. 6. Rule made absolute in the aforesaid terms with no order as to costs. (B.R. GAVAI, J)