In fact, the 47-year-old actor's application challenges a magistrate court order that changed the charges against him from death by negligence to culpable homicide.
The actor had not been summoned to appear before the court and the matter would be argued by his lawyers, sources said. The actor has contended the magistrate erred in invoking IPC section 304 part-II, offences under which are triable by a sessions court and attract 10 years imprisonment.
He said the magistrate failed to appreciate that he had neither the intention (to kill people) nor the knowledge that his rash and negligent driving would kill. Earlier, Salman was tried by a magistrate for causing death by negligence (section 304 A) that provides for two years in jail.
After examining 17 witnesses, the magistrate concluded culpable homicide charge was made out against the actor and transferred the case.
On the fateful night of September 28, 2002, the actor allegedly driving under the influence of alcohol had run over his Toyota Land Cruiser on homeless people who were sleeping on the pavement. In the accident one person was killed and four were injured.Salman Khan himself managed to manipulate the case by making bizarre comments in the case.
Salman in his argument, had said that there was no fixed spot for the homeless, who slept on footpaths every night. "It is not possible for a person staying in the same area to anticipate the presence of people sleeping on a particular footpath at 2.45am,"Salman argued.
Salman had called the 2002 incident "an unfortunate incident beyond his control, such as an act of God."