Mumbai: Maharashtra Government has filed an appeal in a sessions court challenging the order of the chief metropolitan magistrate (CMM) allowing Bandra magistrate to conduct the trial of film actor Salman Khan in the hit-and-run case.

The appeal was filed in the court of principal judge R R Vachha yesterday (Feb 27, 2004) and is likely to come up for hearing on March 10, Salman's lawyer Dipesh Mehta said.

Salman is facing the charge of killing one person and injuring four by ramming his vehicle into a shop in suburban Bandra on September 28, 2002.

CMM R D Gate had earlier rejected the State's petition challenging the jurisdiction of Bandra court to try Salman in the rash-and-negligent driving case. The State contended that 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 is now challenging the jurisdiction of the trial court only to delay the trial.

The prosecution urged that Bandra magistrate S Y Sishode was not competent to conduct the trial, as he had earlier recorded statements of three witnesses in this case. Under section 164 of Criminal Procedure Code (CRPC), such a magistrate had to transfer the case to other court for trial, it argued.