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Salman to oppose State's appeal in hit-and-run case
Sunday, March 21 2004 12:41 Hrs (IST)

Mumbai: In keeping with a sessions court directive, Bollywood actor Salman Khan is all set to file a reply on March 26 to Maharashtra Government's appeal against a lower court order allowing Bandra magistrate to conduct his trial in the hit-and-run case.

The appeal would come up for hearing before principal judge R R Vachha on March 26. Salman's lawyer Dipesh Mehta would file the reply on behalf of the actor, who 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.

Chief metropolitan magistrate 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 is 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 CRPC, such a Magistrate had to transfer the case to other court for trial, it argued.

PTI








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