IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU FRIDAY, THE 22ND JUNE 2007 / 1ST ASHADHA 1929 Crl.Rev.Pet.No. 330 of 1997(A) ----------------------------------------- ST.758/1995 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM . DT. 29.1.1997. .................... REVN. PETITIONER: COMPLAINANT ---------------------------- INSPECTOR, KERALA CASHEW WORKERS' RELIEF AND WELFARE FUND BOARD, KUNDARA, KOLLAM. BY ADV. SRI.N.DHARMADAN (SR.) SMT.D.P.RENU RESPONDENT: ACCUSED -------------------- SHAJI MUSALIAR, EMPLOYER, MUSALIAR EXPORTS, MULAVANA, RESIDING AT 'VRINDAVAN'. THIRUMULLAVARAM, KOLLAM. BY THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No. 330 of 1997 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2008. ORDER This Revision Petition is at the instance of the Inspector, Kerala Cashew Workers' Relief and Welfare Fund Board, Kundara, Kollam, who was the complainant in a prosecution initiated under Sections 13 and 14 of the Kerala Cashew Workers' Relief and Welfare Fund Act 1979. 2. Notice on the respondent has been served by substituted service through publication dated December 7, 2007 in Kerala Kaumudi. But he has not appeared either in person or through counsel. 3. The court below by its order dated January 29, 1997 had discharged the respondent/accused on the ground that his whereabouts were not known. The learned Magistrate had relied on the decision of the Supreme Court in W.P(C).No.1128 1986 while taking the above view. In P.Ramachandra Rao v. State of Karnataka (2002 (4) SCC 578 the decision in WP(C).1128/86 has been overruled. 4. Therefore the impugned order is liable to be set aside. I do so. The court below shall restore the complaint to its file and dispose it off in accordance with law as expeditiously as possible, at any rate within 4 months from the date of receipt of a copy of this judgment. Revision Petition is disposed of as above. A.K. Basheer Judge. an.