The prosecution has written a letter to the Law and Judiciary Department seeking permission to file an appeal, sessions court sources said today.
Meanwhile, the case was today adjourned till January 7 as the investigating officer did not attend the proceedings.
The prosecution, in the letter to the state government, said this was a fit case to file an appeal as the judge had erred in holding a de novo (fresh) trial.
It said that there was no provision in law to hold a fresh trial and the evidence adduced in a court could not be discarded. The prosecution argued that it would be difficult for them to trace all the witnesses and re-examine them.
In the eyes of law, the evidence recorded earlier in this case by a Magistrate cannot be discarded and may be used in the trial.
On December 5, the court had ordered a fresh trial on the ground that the witnesses had not been examined in the context of aggravated charge of culpable homicide, which was invoked against the actor midway through the proceedings. The charge of culpable homicide not amounting to murder attracts a 10-year sentence.
The superstar had earlier been tried by a Magistrate for a lesser offence of causing death by negligence, which entailed an imprisonment of two years.
The case, dragging on for over a decade, had taken a twist earlier this year when the Magistrate, after examining 17 witnesses, held that the charge of culpable homicide was made out against Salman and referred the matter to a sessions court as cases under this offence are triable by a higher court.
On September 28, 2002, a Toyota Land Cruiser allegedly driven by Salman, had crushed a group of people sleeping on a pavement outside a bakery in suburban Bandra, killing one and injuring four.