Khan is facing charge of 'culpable homicide not amounting to murder' after he allegedly rammed his Toyota Land Cruiser into a bakery shop on September 28, 2002, in suburban
Bandra killing one person and injuring four others who were sleeping outside.

The application, filed by activist Santosh Daundkar, seeks perjury action against police for not examining eye witness Kamal Khan, the Bollywood singer, who was in the car along with the actor and his police bodyguard Ravindra Patil.

It also alleges that a wrong set of doctors were examined in the court by police who said they had conducted postmortem of the deceased, thereby delaying the trial for three years in a Magistrate's court.

By not examining witness Kamal Khan, police had tried to cover an important piece of evidence which might have thrown light on who was driving the car at the relevant time, cited lawyer Abha Singh, who argued for the applicant.

Judge D W Deshpande asked the lawyer to submit written arguments on Friday which he would consider before deciding the application for perjury.

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