Soon after the magistrate court accepted the plea of the state government that
Khan should be tried under section 304 (II) of IPC (culpable homicide not amounting to order), the actor’s lawyers moved an application in the court to stay its order so that they could challenge it in the high court.
However, public prosecutor Gite Bhansole objected to the application stating that the trial had already been delayed significantly and the court could not stay its own order.
The magistrate court rejected the application. The defence said they would proceed to challenge the order.