The trial of actor Salman Khan in the hit-andrun case is likely to be delayed with the prosecution on Friday urging for a transfer of the case to another magistrate.
Salman, who was present in the court, was taken by surprise when the state objected to the trial being conducted by Bandra magistrate S.Y.Shisode. The public prosecutor, in an application, objected to the magistrate trying the case on the grounds that he had recorded the statements of three witnesses and hence could not proceed with the trial under the Criminal Procedure Code (CrPC). The prosecutor said under the CrPC, if the statements were later denied, the magistrate would also have to be examined as a witness himself and hence he should transfer the case to another magistrate.
The prosecution's application was strongly opposed by Salman's lawyer Dipesh Mehta, who said that this was the first time such an objection was being raised by the state. He said the statements were recorded last September by the magistrate and the police never raised this objection in the sessions court, the high court or the appeal in the supreme court. He said when the magistrate framed the charges against Salman on October 6, 2003 , the state had no objections to the magistrate trying the case. The actor had pleaded not guilty to all 10 charges framed against him. Mr Mehta said the application had no merit as no such provision existed in law and ought to be dismissed.
Salman appeared before the magistrate as the apex court had on Thursday asked the trial court in Bandra to go ahead with the case of rash and negligent driving and to decide during the trial whether the charge of culpable homicide not amounting to murder was applicable. As usual, people thronged the court premises to catch a glimpse of the actor. The magistrate asked the prosecution to approach the appropriate forum, which is the chief metropolitan magistrate, within a week to decide the issue and adjourned the matter to December 26.

Salman Khan will be tried for causing death by negligence in a hit-and-run case in which the actor is accused of killing one person and injuring four after his vehicle ran over the pavement in suburban Bandra on September 28, 2002.
A Mumbai court on Monday  framed charges against him. He will be tried under section 304a (causing death by negligence) of the Indian Penal Code, which carries a maximum sentence of two years rigorous imprisonment.
Salman will also be tried under sections 279 (rash driving), 337 (causing hurt), 338 (causing grievous injury by an act endangering life or personal safety of others ), 427 (mischief causing damage) read with 130(1),   134(a)(b) and 177 (furnishing false information) of the Indian Penal Code, section 66 (1b) of the Bombay Prohibition Act (driving in an inebriated state) and section 181(3) of the Motor Vehicles Act.
After Public Prosecutor R S Khandekar read out the charges against him, Salman Khan told the court that he understood the charges and pleaded innocence. The hearing of the case will begin from October 21.
Recently, the Bombay high court had dropped the charge of section 304 (2) (culpable homicide not amounting to murder) of the IPC following a plea by the actor.
The public prosecutor said the state government intends to challenge this decision and hence sought adjournment of the proceedings. But Magistrate S Y Shishode did not entertain the appeal.
Salman Khan's advocate Dipesh Mehta accused the public prosecutor of delaying the legal process with a view to harass the actor.

Film star Salman Khan on Friday appeared in the Bandra Magistrate's Court in connection with the hit-and-run case against him.
The court was scheduled to frame the charges against the actor but the case was adjourned to October 6 since no police officer was present in the court.
Khan had allegedly rammed his car into a bakery in Bandra, killing one person and injuring four others on September 27, 2002.  

Expressing unhappiness over the delay caused by the prosecution, a Mumbai magistrate on Friday asked actor Salman Khan to appear before him in a hit-and-run case on October six for framing charges.
The actor is accused of killing one person and injuring four after his vehicle ran over the pavement in suburban Bandra on September 28 last year.
Salman on Friday appeared before Magistrate S Y Sishode and said he was ready for a trial. However, prosecutor R S Khandekar said the case papers had not yet arrived from the sessions court. Moreover, he argued, there was no urgency as several cases had been pending since 1995.
Salman's lawyer Dipesh Mehta objected to the prosecution's attitude and referred to the high court order, which had dropped the charge of culpable homicide not amounting to murder and directed the magistrate to frame other charges.
He said a sessions court had already framed charges against Salman on May 2 and summoned witnesses on July 2 for trial. However, after the high court dropped the charge of culpable homicide not amounting to murder, the case was sent back to the magistrate as he alone was competent to try the other charges.
The magistrate directed the prosecution to be ready on October six for framing charges against the accused. Incidentally, he said it was 'unfortunate' that police officers from the concerned police station had not come to the court.
Salman, who had come to the court along with his sister and a friend, appeared calm and composed. When the magistrate inquired about him, he rose from his seat and bowed. Outside, fans had gathered for a glimpse of the actor.

Sessions judge A J Dholakia today transferred Bollywood actor Salman Khan's hit-and-run case to metropolitan court in Bandra for trial. The high court had recently struck off the charge of culpable homicide against the actor who was accused of killing one person in a car accident.
The judge passed the order after public prosecutor R V Kini told the court that he had no instruction from the government about appealing against the HC order.
Salman was present in the court along with his sister father and script writer Salim Khan. He was whisked away by his personal security and a police escort the moment the order was passed.
The Bandra court will start hearing the case from September 26. The case was transferred because the case of culpable homicide not amounting to murder under section 304 of the IPC which is triable by the sessions court no longer existed against the actor.
A sessions court had earlier held Salman prima facie guilty of culpable homicide not amounting to murder and rejected his plea to drop the charge. The actor had pleaded not guilty to the charges.
The judge had held that Salman appeared to be prima facie guilty of culpable homicide not amounting to murder as he had the knowledge that rash and negligent driving may kill people.
Salman had urged the trial court to drop the charge of section 304 part two IPC, triable exclusively by a court of sessions. On other charges he had not raised any dispute.
The actor had argued that he was charged with rash and negligent driving and so the case was triable by a magistrate and not a sessions court. He said it was merely an accident case and that he had no intention to kill people.
The court, however, turned down Salman's plea. Being aggrieved, he filed an appeal in the high court which dropped the charge of culpable homicide not amounting to murder but retained other charges.
Salman is facing the charges under IPC sections 279 (rash driving), 337 (causing minor injuries), 338 (causing grievious injuries) and 427 (mischief causing damage). Besides, he has been charged with various offences under Motor Vehicles Act.
Salman had rammed his vehicle into a bakery in suburban Bandra on September 28, killing Noorulla Mahboob Sharif who was sleeping outside the bakery.
The charges include section 279 IPC (causing death by negligence), section 338 IPC (causing grievous hurt to 17-year-old Abdul Rauf Shaikh), section 337 IPC (causing hurt to Kalim Mohammed Pathan and Munna Malai Khan), 427 IPC (damaging property of bakery by dashing the car against its shutter).
Besides, he has been charged with various sections of Motor Vehicle Act and Bombay Prohibition Act.

Actor Salman Khan has urged a sessions court to transfer the hit-and-run case to a magistrate for trial in view of Mumbai high court
dropping the charge of 'culpable homicide not amounting to murder' framed against him by a lower court.
Salman's lawyer Dipesh Mehta moved a petition in this regard on Monday before principal judge A K Dholakia who will give his ruling on Wednesday.
The actor is expected to appear before the court on Wednesday as on the last occasion the judge had pulled him up for not appearing and sternly warned that his absence would not be accepted on the next date.
Salman had rammed his vehicle into a bakery on September 28 last year killing one person and injuring four others.
Initially, he was charged with rash and negligent driving but due to public outcry the state charged him with more serious offence of
culpable homicide not amounting to murder.
Rash and negligent driving attracts maximum two years imprisonment and is tried by a magistrate while culpable homicide not amounting to murder provides for maximum ten years jail term and is tried by a sessions court.
In view of the high court dropping the latter charge, Salman has moved a sessions court seeking transfer of the case to a magistrate.
On May 2, a sessions court had held Salman prima facie guilty of culpable homicide not amounting to murder and rejected his plea to drop the charge. The actor had pleaded not guilty to the charges.
The judge had held that Salman appeared to be prima facie guilty of culpable homicide not amounting to murder as he had the knowledge that rash and negligent driving may kill people.
Salman had urged the trial court to drop the charge of section 304 part two IPC, triable exclusively by a court of sessions. On other
charges he had not raise any dispute.
The actor had argued that he was charged with rash and negligent driving and so the case can be tried by a magistrate and not a
sessions court.
He said that it was merely an accident case and that he had no intention to kill people.
The court, however, turned down Salman's plea. Being aggrieved, he filed an appeal in the high court, which dropped the charge of
culpable homicide not amounting to murder but retained other charges.
The high court agreed with Salman that he had no knowledge that driving in a rash and negligent manner could cause death of persons. In order to invoke the charge of culpable homicide not amounting to murder, the presence of such knowledge was essential.
Salman is facing the charges under IPC sections 279 (rash driving), 337 (causing minor injuries), 338 (causing grievous injuries) and 427 (mischief causing damage). Besides, he has been charged with various offences under Motor Vehicles Act.

Film actor Salman Khan has urged the Sessions court to transfer the hit-and-run case to a Magistrate for trial in view of Bombay high court dropping the charge of 'culpable homicide not amounting to murder' framed against him by a lower court.
The court will give its ruling tomorrow where Salman is expected to appear. Salman had rammed his Land Cruiser on September 28 last year in a Bandra bakery killing one person and injuring three.

Salman Khan’s family was relieved to hear that the actor was granted a reprieve by Justice VM Kanade of the Bombay High Court on Sept 3.
Kanade ordered the lower court to annul the charge of culpable homicide not amounting to murder against him on Sept 3. He will now only be tried for rash and negligent driving.
Khan had earlier been charged under Section 304 of the Indian Penal Code (IPC) when his car crashed into the A-1 Bakery on Hill Road. The crash, which took place on Sept 28 last year, killed Noora Behra and seriously injured Manu Khan and Kalim Pathan. Two others, Abdul Rouf Shaikh and M Shaikh, were also treated for minor injuries.
So what do the victims have to say about the dropped charges?
Nothing. Because when metro visited the site of the accident, we found that employees there had lost contact with the victims, who worked at the bakery at the time of the accident. “They left their jobs and went to their native place in UP. We don’t know if they have returned,” says Mr Pandit, a bakery employee. “The case has become old; we don’t know what is happening,” he adds.
Responding to the dropped charges, Salman’s father Salim Khan expressed relief. “We are all very relieved. This move has restored our faith in the judiciary system,” he says.
According to him, Salman had been charged under Section 304A immediately after the accident. “He was charged like any other person who had been involved in an accident. But the charges against him were magnified after certain media reports accused him of being drunk and running away. It was changed to Section 304, which means murder with the intention of killing. Why would Salman want to kill anyone?” asks Salim, adding that his son wanted to make amends by meeting the deceased person’s family.
“But he was not allowed to do so, nor were we for fear that we would influence them. If we wanted to interfere with the case, we could have sent anyone to talk to them,” points out Salim, who says that given a chance they would still like to meet the victims and their families.
Recounting the incidents of that fateful night, Salim says that Salman did not run away after the incident. “He got out and wanted to help the victims but a crowd gathered and recognised him. They stole his watch and began throwing stones.
He came home and contacted the police. Despite all this journalists called it a hit-and-run case. Many reports said he was driving at 90 km per hour, others said Sohail took out the car stereo before leaving the car. The media even claimed that the car was smuggled, despite the fact that we paid Rs 18 lakh as duty and have the receipts to prove it,” he says.
Salim says Salman has now become taciturn with the press. “This is bound to happen when a certain section of the media misquote you or publish wrong statements,” he says, adding that the family immediately called Salman, who is away in South Africa, to inform him about the dropped charges.
“He is relieved. A few friends suggested that he should celebrate but he told them that there is nothing to celebrate as a man had lost his life. We just want justice, not allegations,” says Salim.

The Khan family heaved a sigh of relief when the Bombay High Court ordered quashing of the homicide charge against Salman in the hit-and-run case.
Salman was accused of killing one person and injuring three others when he rammed his car into a bakery on Hill Road in Bandra last year.
He will now only be tried for negligent and rash driving. He was booked under section 304A (causing death by negligence) but later charged with culpable homicide not amounting to murder under section 304, the punishment for which is imprisonment for 10 years.
Salman is said to be in South Africa and father Salim Khan in Panvel but brother Arbaaz Khan let himself be interrupted during a shoot to express his happiness at this development. “We are all pretty relieved at the HC’s decision.
We were all sure right from the start that the homicide charges that were initially put against Salman would be dropped. Yet how can one be too sure? In any case, the way the case was being pressed that section appeared slightly unfair to me. It was not applicable in this situation at all.”
While Arbaaz didn’t want to get into why or how Salman came to be charged with culpable homicide not amounting to murder, he certainly expressed his displeasure at the way the whole case was hyped and politicised.
“Because Salman is a star, people were trying to take his case and set an example. But besides being a star, Salman is also a citizen of this country and should be treated as any common citizen in front of the law. You can’t have a seperate law for him. I guess, it’s not fair when you try to use him an example for punishing cases like these.”
With the culpable homicide charges quashed, Salman now faces charges of rash and negligent driving the punishment for which is imprisonment upto two years.

With the charge of culpable homicide against Salman Khan being dropped by the Bombay High Court, we met up with his father Salim Khan for his reaction on the matter.
He said: "Obviously there is no question about it. He had to be freed of this charge - 304A. Finally, justice has been done. They had first charged him with 304A which is usual in such cases, but later they changed it and charged him under 304 which is a very serious section - culpable homicide not amounting to murder."
"I can’t really talk about this because the matter is subjudice. The matter will now go to the lower court and the case will proceed there. It will be decided there now."
The court on Wednesday retained other charges against Salman including rash and negligent driving which prescribes maximum punishment of two years in jail.
Salman had rammed his car into a bakery last year killing one person and injuring four others.

The Mumbai high court on Wednesday quashed a sessions court order, which had framed charges against film actor Salman Khan for culpable homicide not amounting to murder in a hit-and-run case. Hearing an appeal filed by the actor against the lower court order, Justice V M Kanade held that Section 304 part II of the Indian Penal Code (culpable homicide not amounting to murder) was not applicable in this case and the actor be tried under 304 A of IPC (rash and negligent driving) and other provisions of the law. The court also ruled that other charges framed against Salman under sections 279 (rash driving), 337 (causing minor injuries), 338 (causing major injuries) and 427 (negligence) of the IPC will not be altered. Salman will continue to face charges under the Motor Vehicles Act. The court ruled that he will now be tried by an appropriate court. Salman had on September 28 last year rammed his car into a bakery in suburban Bandra killing one person and injuring four others. His lawyers Dipesh Mehta and Ashok Mundargi pleaded that at the most, Salman's case could be of rash and negligent driving, which attracts maximum two years punishment. They argued that Salman was wrongly booked for culpable homicide not amounting to murder, which attracts maximum 10 years punishment. The sessions court had recently framed a charge of culpable homicide not amounting to murder against Salman but as this charge has been set aside by the high court, his case will now be referred to a magistrate for trial.

Justice V M Kanade of the Bombay high court today ordered a lower court to quash the charge of culpbale homicide not amounting to murder against actor Salman Khan in a hit-and-run case. Salman had been charged for causing the death of one person and injuring two others when he rammed his Land Cruiser into a bakery on Hill Road, Bandra, on September 28 last year. He will now be only tried for rash and negligent driving.

The Bombay High Court on Wednesday quashed the charge of culpable homicide not amounting to murder against actor Salman Khan in last September's drunk driving accident that killed one person in Bandra.
Hearing an appeal filed by the actor against the lower court order, Justice V M Kanade held that Section 304 part II of the Indian Penal Code (culpable homicide not amounting to murder) was not applicable in this case and the actor be tried under 304 A of IPC (rash and negligent driving) and other provisions of the law.
The court also ruled that other charges framed against Salman under sections 279 (rash driving), 337 (causing minor injuries), 338 (causing major injuries) and 427 (negligence) of the IPC will not be altered.
Salman will continue to face charges under the Motor Vehicles Act. The court ruled that he will now be tried by an appropriate court.
His lawyers Dipesh Mehta and Ashok Mundargi pleaded that at the most, Salman's case could be of rash and negligent driving which attracts maximum two years punishment.
They argued that Salman was wrongly booked for culpable homicide not amounting to murder which attracts maximum 10 years punishment.
Sessions court had recently framed a charge of culpable homicide not amounting to murder against Salman but as this charge has been set aside by the High Court, his case will now be referred to a magistrate for trial.
In September last year, Salman Khan ran over three pavement sleepers with his Toyota Landcruiser outside a bakery in Bandra. One person died while four others were injured. Khan was reportedly driving under the influence of alcohol and was accompanied by his cousin Kamaal Khan and his driver.