15.02.2017        Heard learned counsel for the petitioner.

This application is for restoration/review of appeal No. 32 of 2016 dismissed for non prosecution by order dated 07.02.2017. It is submitted that the advocate for the appellant/complainant had gone out of station it could not be appear on the aforesaid date.

            Notwithstanding the above in view of the above decision of the Hon’ble Apex Court in the case of Rajiv Hitendra Pathak and Others Vs. Achyut Kashinath Karekar and Another, reported in IV (2011) CPJ35 Supreme Court. The State Commission has no jurisdiction to recall/review/modify in its own order.

This application stands dismissed.

Member (F)                   Member (M)                                            President

Agam