Accused Mustafa Sayyed's statement was recorded by a magistrate in December 2007 after he said that he wanted to become an approver (prosecution witness).
But in the latest application, he said he did not want to become approver, he should be treated as an accused, and charges should be framed against him.
He alleged that Maharashtra anti-terrorism squad (ATS) forced him to turn approver.
However the court rejected Sayyed's application and said it would first record his evidence, and then consider if he can be granted pardon as an approver or should be prosecuted.