Mumbai, Mar 05: A local court today exempted actor Salman Khan from appearing in a hit-and-run case and deferred the matter to March 25 as Maharashtra government has filed an appeal against the order of the chief metropolitan magistrate allowing Bandra magistrate to conduct the trial.
Salman is facing the charge of killing 1 person and injuring 4 by ramming his vehicle into a bakery in suburban Bandra on September 28, 2002.
On a plea made by Salman's lawyer Dipesh Mehta, Magistrate SY Sishode exempted the actor for the day.
Magistrate Sishode deferred the trial as state contended that it had filed an appeal against the order of chief metropolitan magistrate RD Gate who had earlier rejected its plea challenging the jurisdiction of Bandra court to try Salman in the rash-and-negligent driving case. The appeal would be heard by sessions court on March 10.
The state had filed a petition saying Bandra Magistrate was not competent to conduct the trial. Salman had opposed it saying the state was trying to abuse the process of law and delay the trial.
The actor pleaded that the state had not raised the jurisdiction issue when charges were framed against him on October 6 last year and also when the Supreme Court had directed Bandra magistrate to try him. It was now challenging the jurisdiction of the trial court only to delay the trial.
The prosecution urged that Bandra Magistrate SY Sishode was not competent to conduct the trial as he had earlier recorded statements of 3 witnesses in this case. Under section 164 CrPC, such a magistrate had to transfer the case to other court for trial, it argued.
Bureau Report
