A Mumbai sessions court, while accepting Khan's plea for a retrial after he was charged under the serious section relating to "culpable homicide, not amounting to murder", has ordered that the retrial start Dec 23.
Khan, 47, had earlier pleaded that the evidence produced before the magistrate court should be discarded, since he was facing a more serious charge, but the prosecution had opposed the fresh trial plea, terming it a "delay tactic".
On the night of Sep 28, 2002, Khan's Land Cruiser allegedly ran over five people sleeping on the pavement at Bandra in Mumbai, killing one person and leaving four others injured.
