The order is a major setback for Khan as causing death by negligence carries a prison sentence of not more than two years while the enhanced charge could attract a sentence of up to 10 years in jail if he is found guilty. Khan has been asked to appear before the sessions court on March 11.
“There is enough evidence to show that the act was not incidental, and hence the case should be tried under a more serious section,” Khan’s lawyer Kaushal Thakkar quoted Additional Chief Metropolitan Magistrate Vasant Patil’s order as saying.
On September 28, 2002, Khan’s vehicle had rammed into the American Express bakery in Bandra, killing Noorulla Mahboob Sharif and seriously injuring four people as they all slept on the pavement.